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.