When a person is arrested for a DUI, they are not formally charged until their arraignment. At an Omaha DUI arraignment, a person is formally read the charges against them. They then enter a plea. The plea they enter will shape the rest of the case and could shape the penalties they may face. Therefore, it is important to have a knowledgeable DUI attorney who can help guide you through the process. A well-versed attorney from Berry Law can advise you every step of the way to make sure that you are taking the actions necessary to give yourself the best chance of a positive outcome.
Before the Arraignment
An arraignment is when the charges are formally read against the accused and they enter a plea of guilty, no contest, or not guilty. Between the DUI arrest and the arraignment, a person will sign a release that allows them to go back to working and living outside. If a person is incarcerated and unable to post bond, they would remain in jail. There are generally 30 days between an arrest and an arraignment in Nebraska. An attorney can further explain the Omaha DUI arraignment process.
Why Does a Person Need to Appear?
A person needs to appear at their arraignment because they are ordered by the court to do so. If they do not appear at an arraignment, a warrant will be issued for their arrest and they will face additional charges.
Pleas for an Omaha DUI
As stated above, the pleas a person may enter at an arraignment are guilty, not guilty or no contest. If someone enters a guilty plea, they admit to the charges against them and will either go to sentencing immediately or the judge will set a date for sentencing.
No contest means a person is not contesting the charges against them. If if the judge finds a factual basis, they will find that person guilty. In other words, the person is not admitting guilt but the judge can find him guilty. Finally, not guilty preserves an individual’s right to fight the charges at trial. To better understand the possible pleas, it may be beneficial to consult an attorney.
When Can Someone Qualify for Probation?
If it is a first offense DUI, non-aggravated, and a person has a limited criminal history, they may be able to qualify for probation, but it is not a guarantee. There is a minimum jail sentence in Nebraska if a person is not placed on probation.
Ask an Attorney About Omaha DUI Arraignments
Omaha DUI arraignments can be confusing. Many people are unfamiliar with the legal process, which makes having an experienced attorney who can help guide you through the process crucial.
Further, entering the wrong plea can seriously hurt a person’s case. For example, if a person enters a guilty plea when they should have pleaded not guilty they may face criminal penalties they could have fought to avoid in court. For the guidance you need for your arraignment, call Berry Law today.