When someone is given an arraignment date in Los Angeles, much will depend on which prosecuting agency and which police department is involved. Many police departments and prosecutors work very quickly, so the DUI arraignment date or the first court date may be about 30 days after the person was arrested, although different agencies and prosecuting departments may take much longer, even as much as three or four months down the road. The arraignment is the hearing in which the defendant is advised of the charges against them and the defendant can enter a plea of guilty or not guilty or no contest at that time.
Do You Recommend All Your Clients Plead Not Guilty?
At that first court appearance, which is the arraignment, most of the time we will continue the arraignment, which means we won’t even enter a plea; we’ll just put it off for a couple of weeks or a month so that we can review reports or enter a not guilty plea, which is typically the first step. We want to deny the allegations and any enhancements. It doesn’t mean at some point we won’t work out a deal with the prosecutors and change our plea, but the first step is typically to enter a not guilty plea, to deny the allegations and continue the case so the defense can have an opportunity to investigate.
What is the General Timeframe for Resolution of a DUI Case?
The amount of time it takes for the case to work through the court system varies depending on the agency, but the courts in Los Angeles really try to have cases resolved or settled one way or another within about three months, which means in most cases, at that point, we’ll want to see that case either settled by a plea bargain or go to trial.
You have a right to a speedy trial, so you can move much faster than that, but, if necessary, cases can be delayed longer than that, too; I have dealt with cases in Los Angeles that take well over a year from beginning to end; it just depends on the particular case. The 90-day rule was made up by Los Angeles County judges to put pressure on everyone to move very quickly to get the information necessary, but sometimes, it’s just not practical to do a full investigation within 90 days and additional time is needed.
What Sort of DUI Cases Go to Trial as Opposed to Pleading Out?
Typically, most case settle by a plea bargain. Probably well over 95% of them settle, although many DUI cases go to trial, primarily because there are many collateral consequences associated with DUI for some people. For example, it’s much more likely that we’ll take a case to trial for a commercial driver, like a bus driver or truck driver. It’s also more likely if someone is an airline pilot, a registered nurse or a doctor or lawyer. Also, if it’s a second or third time DUI with increased penalties and mandatory jail time, it’s far more likely that we’ll go to trial. Most cases in the system settle, but I would say probably 10% of my cases go to trial.
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