Until the first court date of your case arrives, some do not have the luxury of retaining a DUI lawyer. They simply get the notice to be in court in Tampa, FL, for an arraignment concerning their DUI case by mail. So, what then does an arraignment do if one had no representation?
Purpose of Arraignment in a DUI Case
An attorney’s absence gives the arraignment under Florida law the ability to summon your consent, notification of the criminal charges filed against you, and an opportunity to enter a plea of guilty, no contest, or not guilty. Now, guilty and nolo contendere are virtually identical. In all cases, the court will find against you, and at that time, you will never have the right to seal or expunge your mug shot, arrest records, and court file.
A default judgment may constitute the basis for a non-bailable arrest warrant against the defendant. A non-bailable arrest means that the defendant will not be released unless the case is resolved or the Judge grants them that liberty. In fact, the Judge would also issue a driver’s license suspension pending the Florida D-6 under that docket number.
So, please, don’t screw it up, and do not miss that court date; better yet, do not assume you’ll simply get there a few seconds late. In case of missing a court date, perhaps an attorney ought to be hired who can file a motion to the court withdrawing the capias and vacating the D6 suspension. Some prefer just to go get booked on a failure-to-appear capias; they get another arrest record and another mug shot. In most cases, these people should hire themselves a DUI lawyer right away if they missed their court date.
My Arrival at Court: Having a DUI Case
Expect a jam-packed courtroom on the day of the arraignment. The judge will then sit down and proceed to explain all the rights you are forfeiting by entering any given plea. The majority of those cases will be settled that day in an arraignment for those without someone to represent them, so that some control can be placed over the court’s docket. In that commotion, many gave the false impression of intending to ask for more time to hire someone to represent them and quickly pleaded “no contest” to get out of there.
You should say, “I contest it: Not guilty; I would like to hire an attorney.” Thereupon, the judge will ask you if you want to get yourself a private attorney or a public defender. In either situation, your attorney’s investigation will require you time for him time to receive the police reports, videos, and other evidence. He must investigate intensively. So should you: by obtaining your police reports along with the video evidence.
Plea During Arraignment with a DUI Lawyer
The operating procedure for plea is swift in its own right due to the individualization of calling the accused and taking his/her plea. If the accused pleads not guilty, the judge then asks whether the accused will hire a DUI lawyer. If someone cannot afford an attorney, the Court will appoint the public defender’s office, or will offer instructions about how to apply for those services. For those individuals who do not qualify for court support, the court shall adjourn their case for a few weeks to give such persons ample time to hire an attorney.
Waiving All Rights with Signature
If you are to make any pledge, the court requires you to sign a form that waives your rights, acknowledging your right to a DUI lawyer, and then expressing your wish to waive that right.
Those prints on signature rights forms were supposed to keep you from coming back into court later trying to say that you didn’t know you were pleading guilty to dire consequences, given that no one was really representing you in front of a lawyer.
Along with that waiver of rights form, you are being told about all the other rights you waive: like the right to trial, where the prosecution would have to prove the case against you beyond a reasonable doubt.
The Sneaky Stuff
The sneaky stuff on the waiver of rights form talks about some pretty dire consequences that may flow from a plea to DUI under Florida law, for example, immigration status and deportation.
Among other things, the back pages inform you that a DUI plea affects the driver’s license, five years or pulling the driver’s license (even if in the prior five years you have received two more tickets for “driving while license suspended”, even if those tickets were civil violations that did not require a court appearance).
Further, it will probably affect the indirect consequences concerning the forfeiture of civil rights over gun possession in domestic violence cases.
Five-Year Revocation As A Habitual Traffic Offender Under Florida Law
The five-year revocation is maintained under Florida law, whether or not you know about the other two tickets for “driving while license suspended.”
If you’ve been cited for it, whether knowing or otherwise, it’s very important to call a competent Tampa DUI lawyer before you even think about entering a plea against being declared a habitual traffic offender, whereby your Florida driver’s license becomes automatically revoked for five years.
Talking With an Experienced DUI Lawyer in Tampa
Most of the know-how DUI attorneys Tampa can offer free initial consultations for examining the particular facts of your case and any possible defenses to avoid a DUI.
It is also important to act timely manner after your DUI arrest, having only 10 days to request a formal review hearing, so the administrative (immediate) suspension of your driver’s license can be avoided.
If your attorney requests a hearing to protect your driver’s license, it may also be possible for him or her to obtain a driving permit to cover you for another 42 days so that you would be able to drive while your attorney fights the suspension.
It will also ensure a lawyer is handling the case before the arraignment, thereby preserving that person’s important rights, such as the right to contest the charging document or the right to contest the speedy trial requirement.
Bottom Line!
Face the judge with professional company. Get in touch with a qualified DUI lawyer at Perl Law PLLC in Tampa now regarding your case. If you cannot afford a private lawyer, tell the court to appoint public defense counsel for you. Proceeding without any legal representation can have life-changing consequences.
At Perl Law, we understand that one arrest does not qualify you as a criminal. Give Perl Law a call now!