You Have Been Arrested In Westchester County For A Drinking Driving Offense. What Happens Now?
1. You Will Be Taken Into Custody And Transported Back To A Police Facility - Because DWI and other related offenses are misdemeanors, the Police are required to take you into physical custody rather than issue a traffic ticket with a future court appearance. Moreover, you should not be alarmed if you are handcuffed in the process of being transported, as that is a requirement.
2. Bail Or Other Conditions Of Your Release Will Be Set – If you are charged with a misdemeanor, in all likelihood you will be released on your own recognizance or required to post some money for bail at the police facility and given an appearance ticket with a future court date. In other circumstances, if you are a multiple offender or charged with a felony, you will be brought before a judge who will set bail.
3. You Or Someone On Your Behalf May Choose To Post Bail – Once the bail is set at the Police Station, either you or someone on your behalf will be required to appear to post the bail in cash. If the bail cannot be met, you will be held in custody and await the appearance of a Judge who will review the amount of bail requested. If the Judge confirms that bail or sets a new bail, once again, either you or someone on your behalf has to post it or you wil be remanded into custody once more and this time taken to the Westchester County Jail to appear in court at a future date.
4. You May Have A Bail Bondsman Post Your Bail – If you or someone on your behalf does not have the cash to meet the amount of bail set, you can make arrangements with a bail bondsman to post the bail required. Hiring a bail bondsman is like buying an insurance policy: you pay a premium (usually 10%) and a bail bondsman posts the actual total amount of the bail.
5. Now Is The Time To Hire An Attorney Who Specializes In DWI Cases.
6. Initial Appearance (Called An Arraignment) – No testimony or evidence is presented at the arraignment. You are presented before a Judge, hopefully with an experienced DWI Attorney, and given a copy of the formal written charges against you. A not guilty plea is entered. Depending upon the BAC reading, you license may be suspended, an alcohol evaluation may be ordered, and the next court date is set in anticipation of negotiations between the Prosecutor's Office and your DWI Defense Attorney.
7. Plea Bargain Negotiations – The objective of a plea bargain is to attempt to obtain a reduction in your charges from an offense which gives you a criminal record to one that does not. This of course will depend upon many factors such as; whether there was an accident involving personal injury, whether there was any reckless driving, the results of your alcohol evaluation.
8. Motion Practice – If you do not reach a plea bargain disposition, motion practice will be undertaken in an attempt to challenge any erroneous police procedures and put your case in the best posture possible should a trial be necessary.
9. Trial – Should a trial be necessary, it will be conducted similar to ones you have observed on television or in the movies. The trial can either be before a Judge or a Jury, you decide. Opening statements are given. The Prosecutor calls his/her witnesses and asks questions. Your DWI Defense Attorney cross-examines the Prosecutor's witnesses. Similarly, when it comes time to present your defense, you are free to call witnesses on your behalf and testify on your behalf and of course, be subject to cross-examination by the Prosecutor.
10. Jury Decision – The Jury then retires to deliberate until it comes to a unanimous verdict. If they cannot reach a unanimous decision, a mistrial results. Another trial may then be held. If the verdict is not guilty, then all charges will be dismissed. If found guilty, a sentence date will be set.
11. Pre-Sentence Report – Prior to sentencing, the court will order the preparation of a report by the Westchester County Department of Probation. The report will examine such areas as your background. Life-style, prior record, and efforts at treatment and then make a sentence recommendation to the Judge. However, the Judge is free to ignore those recommendations and impose any sentence permitted by law. Obviously, some Judges are harsher than others.
12. Sentence – At the sentencing hearing, you, your Attorney and the Prosecutor will be given an opportunity to address the Judge. It is suggestible that prior to sentencing your Attorney prepare a pre-sentence memorandum on your behalf to be submitted, along with the probation report, to the Judge. Once everyone is heard and all documents reviewed, the Judge will impose sentence which can range from a fine, license revocation and probation to a period of incarceration. It is my job to avoid the latter.
Most Important Advice – Obtain the services of highly experienced, skilled Attorney in DWI defense. For over 35 years, I have specialized in DWI and related cases throughout Westchester County. It is not enough to have an experienced Attorney who knows the law, you need an Attorney who knows the Police, the Prosecutors and the local court system.
Call Michael Kramer at (914) 949-5561 For A Free Consultation.
For an experienced, aggressive, yet compassionate, attorney to handle the defense of a DWI charge, contact me to schedule a free initial consultation. My office hours are flexible and I am available to take your call 24 hours a day, 7 days a week. If you are in jail or in the hospital and cannot come to my offices, I will travel to meet with you. I accept MasterCard and Visa and payment plans are available.