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WHAT HAPPENS IN COURT AND DO I HAVE TO APPEAR?

Lawrence Taylor (retired) describes the procedures that take place after a person is arrested for a DUI, including the notices that the person receives and hearings that take place. After a person is arrested and booked they will receive their temporary license, a notice of suspension of their license, and a notice to appear in court. In Southern California, the first hearing starts roughly thirty days from the notice to appear in court at a hearing called the arraignment. At the arraignment the arrestee will enter a plea after the prosecutor charges the arrestee by producing the complaint. The arrestee is not required to be at the arraignment. If the arrestee enters a plea of not guilty, the next hearing is called the pre-trial hearing. At this hearing, the defense attorney can make several different types of motions to discover evidence or suppress evidence. Most often at the pre-trial hearing, the prosecutor and the defense attorney discuss the possibility of entering into a plea bargain. Again, the arrestee is not required to be at this hearing either, unless they wish to be there or their defense attorney has asked them to be there for such things as providing their sworn testimony. Ultimately, an arrestee’s case ends with a plea of guilty, a plea bargain, or a jury trial.