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Understanding The New York DUI Court Procedures



Successfully navigating your way through a criminal prosecution New York drunk driving takes a clear perception of the New York DUI court process. In other words, knowing what is coming your way will greatly reduce the amount of stress you feel when fighting a DUI charge after a New York DUI arrest. Even though each Court System in New York varies minimally on how they handle the initial stages of a criminal prosecution, the basic outline below will help you understand the Court procedure as a whole:

When you are arrested for a crime, you will have several court dates to go through. Your first time in Court is called an Arraignment. Your next court date is called a Pre-Trial or Status Conference. You may even have court dates for Motions or Trial.

Arraignment is your first time in Court and it is where you are formally told about the charges against you. In the case of New York DUI, you may already know what the charge is before you even enter the Courtroom. However, there can be additional charges that you were unaware of like infractions for bad driving or further criminal charges the prosecution filed after your arrest for DUI.

Depending on Jurisdiction, either you will be mailed a Hearing Notice or you will have to look on your citation (about 1/3 from the bottom) where it says Mandatory Court Appearance for your court date and time. If you are not sure about the date or the time, contact the Court Clerk's Office (numbers are available via Internet). The Court you are in is listed at the top of the citation, such as a citation marked "District Court" and the offense happened in a particular county.

Show up a few minutes early. Most courts can have a computer printout of all the people scheduled for court that day, called a docket. These printouts are generally in plain sight near the courtrooms. Next to your name will be a courtroom number. That is where you need to go. If you get confused or cannot find the courtroom, ask at the Court Clerk's office - they are generally very helpful.

Once you get to the right courtroom, be prepared to wait. Most Courts will have either a video or a paper that explains your rights at arraignment. If it is a paper, they will want you to sign your name - saying that you understand your rights.

Eventually, you will be called up in front of the Judge. Do not panic. This is not your time to explain what happened - there will be ample time for that later on. All the Judge wants to know at Arraignment is whether you understand the charge against you and whether you want to plead Guilty or Not Guilty. That's it.

Before the trial, pre-trial hearings and motion hearings are held. You get to appeal the decision of the court once the trial is over. You should hire a DUI lawyer New York after a Newyork DUI arrest because a lawyer has the necessary experience and training and because this gives you unparalleled convenience.

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