Posts tagged Arraignment
What Is DWI Arraignment in Houston Texas?
Sep 17th
Reader’s Question:
My cousin got arrested for DWI here in Houston, Texas and it’s nearing her first court date. Question is, what usually happens in the first courtroom proceeding?
Jayden
Houston, TX
The first courtroom proceeding for your cousin’s DWI case in Houston, Texas would be the arraignment. During the arraignment, she will be called before a criminal court judge. She will be referred to as the “defendant,” be provided with copies of the charges against her, read the charges and her rights to her. She will also be asked if she has an attorney, or in the event that she cannot afford one, if she would like a court-appointed attorney.
During this proceeding, your cousin will also be asked how she wishes to plead to the charges. At this point, she should provide an answer or “guilty” or “not guilty.” In case an attorney is not present with her, or she fails or refuses to answer the question, or is conscious but unable to answer the question, a lot of courts would simply enter “not guilty” plea on her behalf and set a future court date to give the defendant time to either retain an attorney or decide how to proceed going forward. At this hearing, it will also be decided whether or not to set bail, or whether any preliminary bail amount set by the police should be changed.
Houston DUI – Arraignment and Motion to Suppress?
Aug 9th
Reader’s Question:
I just recently had the arraignment of my DUI case here in Houston, Texas and I pleaded not guilty so the case will continue. Would all be the evidence against me on my drunk driving arrest automatically be admissible in court?
Grant
Houston, TX
When the prosecution begin to prepare their DUI case against you in Houston, Texas, they start by collecting all the evidence that supports their claim that you were really driving under the influence. But just because the prosecutors have collected it and want to present it at trial does not mean that it is automatically admissible. There are actually strict legal requirements that determine whether a piece of evidence can be presented at trial. A very important part of making your DUI case is arguing that the evidence that the prosecution wants to present at trial does not meet these requirements and therefore cannot be used against you.
Your DUI lawyer can formally request for motion to suppress to ask the court to exclude certain evidence from a trial because it was obtained illegally or improperly by the police officer. An example is that your DUI lawyer can argue that the officer did not have probable cause to pull you over. Suppression motion would argue that the officer’s belief that you were drunk driving was not “reasonable.” That means that the officer’s justification for your DUI stop should be something he actually saw. If motion to suppress will be successful, all the evidence that was made possible by pulling you over can also be suppressed.
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