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.