Will I Have A Court Appearance Within The First Month Of A DUI Charge?
Nov. 20, 2022
Typically, you will not go to court within the first month. It will depend on the jurisdiction that you live in. Currently, it takes about sixty to ninety days after an arrest, sometimes even as long as six months depending on the district court scheduling before you end up getting your district court hearings. The DMV recently has been scheduling a bit faster, so many of my recent DUIs, I have been able to get in to a DMV hearing sooner, but it is going to be more than thirty days after your arrest before you end up going to court.
How Often Should Someone Expect To Meet With Their Attorney For A DUI Case?
Every case and every attorney is different, so it depends on what your goals are in the case, and what is your objective to meet those goals. Some clients will come in and typically we will discuss the case in depth when we first meet up and agree to take on the case. Once I get my discoveries from the state, which will include all police reports, all breathalyzer machines reports, all criminal records will be disclosed at that time, and I will review those documents with the client. At that time, we generally devise what is our next step. Sometimes our plan would be to plead guilty, and cut our losses. Sometimes our plan is to challenge every piece of evidence, but every case is different.
For some people, a first time DUI is getting probation before judgment, and having no jail time is what they want to get from the case. Some people want to fight these until the end. It really depends on the objectives of the case, but typically, I will meet with the DUI client two or three times, and that would include going to court where some are more often some are less. It depends on the situation of the client. I have had out of state clients who I have met, and corresponded completely by telephone or over the internet, and I have had other clients who have been in my office several times contemplating every aspect of their DUI conviction or a case.
Would Someone Ever Be Required To Meet With A Pre-Trial Probation Office?
Before you are arrested, you are going to meet with the commissioner, the commissioner is going to set forth conditions of your bail or bond. First and second time DUIs, there are not going to be any types of restrictions, but if somebody comes in and deems to be a threat or has a more extensive criminal history, they do have the option to put them on a pre-trial supervision, but those are generally rare in your run-of-the-mill DUI cases.
Do You Recommend Pre-Trial Counseling For Your DUI Clients?
Typically, judges are fans of counseling. If you end up going into treatment before you appear in front of a judge or the court, the court will consider those. I have had judges who have said on record that if your client goes to some inpatient treatment, they will get a reduced sentenced for that. It is definitely an option that people want to consider, especially people who have had multiple DUIs on their record.
In every DUI in Maryland, upon a conviction or a PBJ, you are going to be subjected to either a six or twenty-six week course for alcohol education or treatment. It is important for you to have that initial evaluation and meeting before you walk into court, and before you appear in front of the judge. You can expect that the judge is going to give you the length of the two programs if you pass on an initial evaluation for your addictions.
Helpful Tips For People Following A DUI Arrest
The best tip is number one; make sure they get all their DMV documents in. Number two is to contact and retain a good attorney from the outset, so if any issues arise, they will be advised as to do the right thing. Every case is different. There are no two cases that are exactly alike, and some people have different issues or different potential defenses. If you contact your attorney right away, your evidence is not going to be stale, witness’s memories are still fresh, and you improve your chances of winning the DUI case.