Friday, April 29th, 2011

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Understanding The New York DUI Court Process


Efficiently navigating your way through a criminal prosecution New York drunk driving requires an apparent knowledge of the New York DUI court process. In other words, knowing what is heading your way can greatly reduce the amount of stress you feel while fighting a DUI charge after a New York DUI arrest. Although each Court System in New York varies minimally on how they deal with the preliminary stages of a criminal prosecution, the basic outline below will help you appreciate the Court process as a whole:

When you are arrested for a crime, you can have many court dates to go through. Your first time in Court is called an Arraignment. Your next court date is referred to as a Pre-Trial or Status Conference. You may also have court dates for Motions or Trial.

Arraignment is your first time in Court and it is where you are formally told about the charges against you. When it comes to New York DUI, you may already know exactly what the charge is before you even enter the Courtroom. However, there can be additional charges that you were ignorant of like infractions for bad driving or additional criminal charges the prosecution filed after your arrest for DUI.

Depending on Jurisdiction, either you will be mailed a Hearing Notice or you will have to look on your citation (around 1/3 from the bottom part) where it says Mandatory Court Appearance for your court date and time. If you are unsure about the date or the time, call the Court Clerk's Office (numbers are available via Internet). The Court you are in is listed at the top of the citation, like a citation labeled "District Court" and the offense happened in a particular county.

Arrive a short while early. Most courts will have a computer printout of all the people scheduled for court that day, called a docket. These printouts are generally in plain sight close to the courtrooms. Alongside your name will be a courtroom number. That is where you need to go. If you get confused or are unable to find your courtroom, ask at the Court Clerk's office - they are generally very helpful.

Once you get to the right courtroom, be prepared to wait. Most Courts will have either a video or a paper that explains your legal rights at arraignment. If it is a paper, they will require you to sign your name - saying that you understand your rights.

Eventually, you will be called up in front of the Judge. Do not panic. This is not your time to explain what took place - there will be ample time for that later. All the Judge wants to know at Arraignment is whether you understand the charge against you and whether you want to plead Guilty or Not Guilty. That's it.

Before the trial, pre-trial hearings and motion hearings are held. You get to appeal the decision of the court when the trial is over. You must hire a DUI lawyer New York after a Newyork DUI arrest because a lawyer has the necessary experience and training and since this gives you unparalleled convenience.

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