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DUI Process in Bakersfield

What happens in a DUI?

After you have been stopped by a police officer and any tests have been conducted for sobriety, or if you have refused to be tested, the officer places you under arrest. It does not necessarily involve handcuffs or force; it can be as simple as you being informed that you are "under arrest." A police officer is not allowed to randomly or arbitrarily select people to stop. This is one place where your rights can be violated and having a Bakersfield criminal defense attorney on your side will make sure that your rights are protected all along the process and, if not, will fight for you aggressively. A police officer must obtain a warrant in order to arrest you and for the arrest to be considered lawful.

The next step in the process is booking. Relevant information is gotten from you, paperwork is done to process the arrest, and your personal property is taken and held for you while you are in jail or a holding cell. Depending upon the severity of the crime you are charged with, bail will be set and if paid, you will be released. It is possible to be released without paying any bail and a DUI attorney will know the procedures for this.

Next is the arraignment where you will be formally read the charges against you by the judge in court and you will be asked for your plea. Many people just plead guilty when they do not necessarily have to.

If you plead not guilty, there will then be a preliminary hearing where the judge decides whether there is sufficient evidence to have you stand trial. If he decides there is, the trial is held, sentencing is done and following that, any appeals can be made.

Fight for Your Rights

At every step of the DUI process, you have rights to which you are entitled. As you can see, this process is not as simple as it may seem and at any point along the way, if your rights have been violated, you will want an aggressive lawyer on your side to correct any wrongs. We have the experience and care-factor you need at a time like this.

Contact a Bakersfield criminal defense attorney at the Law Offices of Kyle J. Humphrey today.


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Address: 2211 17th Street, Bakersfield, California 93301