What Happens In The First 24 Hours After A DUI Arrest?
After a DUI arrest, a person may be taken to jail. However, a person does not always have to post bail in order to be released. For example, a person may be released on their own recognizance. For most people, being put in jail is a very traumatic experience and they need to collect their thoughts once they have been released. It’s important to contact us right away so that we can begin the process of supplying an aggressive defense and getting as much information as possible while the events are fresh in the client’s mind.
Once we’ve been retained, we immediately contact the Department of Motor Vehicles (DMV) in California to stop the administrative suspension from going into effect and to request the hearing. Depending on the jurisdiction, a person’s first court appearance will generally occur anywhere from one to four months after the arrest. We begin our investigation as soon as we can so that we have a lot of information before the first court appearance.
What Happens After Someone Is Released From Jail?
The person is given paperwork advising when and where the first court appearance is along with a temporary license. It is extremely important to contact us right away so we can begin the process of preparing a defense as well as contacting the DMV when necessary. In accident cases, we also need to advise the client regarding any insurance issues and what to expect in the next few days.
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We almost never have a client arraigned on the first court date. Instead, we like to get the police reports, talk to the prosecutor and continue the arraignment so that we can delve further into the case. The arraignment of an individual triggers a period of time within which the case has to go to trial. We prefer to delay that in order to get a handle on things and not be rushed into resolving the case quickly. Our goal is to resolve it correctly and successfully, not necessarily quickly.
At What Point Should Someone Contact An Attorney?
Surprisingly, clients often call us while the police are pulling them over. After a person is stopped, the most common thing we hear is that the officer didn’t read the Miranda warning. While the Miranda warnings apply to DUI cases, it doesn’t apply until a person is in custody or under formal arrest. Furthermore, a person doesn’t really have a right to speak to an attorney until they’re in custody.
The law takes the position that a person generally is considered to be in custody once an officer has arrested a person. If an officer does in fact make an arrest, then the suspect can take either a blood or a breath test or sometimes a urine test is requested. The law in California is that a person does not have a right to talk to an attorney before making this decision.
What Paperwork Does Someone Get When They Are Released From Jail After Arrest?
A person is usually given a notice to appear and a temporary license. They may also be given a booking slip and a tow slip. These documents inform the defendant of the details of their next court date. The temporary license is a very important document, and it begins the 30-day time period within which the suspension goes into effect administratively. The document also states that the defendant has 10 days from the date of arrest to contact the DMV and stop their suspension from going into effect.
Sometimes people are so traumatized by the arrest that they don’t even want to look at the paperwork that was given to them. Other times they misinterpret the information and think that they have 30 days before their license is suspended. The DMV oftentimes does not tell people that they have a right to stop the suspension from going into effect and to request a hearing. It’s very important for people to call us right away so that we can tell them what needs to be done.
For more information on Aftermath Of A DUI Arrest, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (888) 486-7486 today.
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