DWI Court Procedures

Charges:

Suspects who have been arrested and are currently in custody have a right to have a judge determine "probable cause" to continue their detention within 48 hours of their initial arrest. Prosecutors have 36 hours, exclusive of the day of arrest, weekends, and legal holidays, to actually charge someone with a crime and bring them before a judge for an initial appearance, where the judge will set conditions of release prior to trial.

Typically, prosecutors base their charging decisions on documents sent to them by the arresting police officers (usually called police or arrest reports). Arrest reports summarize the events leading up to arrests and provide numerous other details, such as dates, time, location, weather conditions, and witnesses' names and addresses if that information is available.

First Appearance / Arraignment:

This is the suspect’s first time in front of the judge. They are brought before the court to plead to the criminal charges against him/her in the indictment. The charge is read to him/her and they are asked to plead "guilty" or "not guilty" or, where permitted, "nolo contendere". The suspect shall be given a copy of the indictment or information before he/she is called upon to plead.

Omnibus / Pre-Trial:

A procedural device used prior to trial to narrow issues to be tried, secure stipulations as to matters and evidence to be heard, and to take all other steps necessary to aid in the disposition of the case. Such conferences between opposing attorneys may be called at the discretion of the court. The actions taken at the conference are made the subject of an order which controls the future course of the action. This is essentially a "catch all" hearing to try to settle before Trial.

Trial:

There are many types of trials; the most common two are a Bench Trial and Trial by Jury. A Bench Trial is decided before a judge alone, in contrast to Trial before Jury and Judge. Jury Trial is one in which the issues of fact are to be determined by the verdict of a jury, duly selected, impaneled, and sworn. A jury for the trial of a case will have a body of twelve peers free from all bias in favor of or against either of the parties and their evidence.

Pre-Sentencing:

This is a procedural step prior to sentencing at which a judge may examine the pre-sentence report and all other relevant material before imposing a sentence. Sentencing is a "critical step" of a criminal prosecution requiring assistance of appointed counsel.

Sentencing:

The judgment formally pronounced by the court or judge upon the defendant after his/her conviction in a criminal prosecution, imposing the punishment to be inflicted, usually in the form of a fine, incarceration, or probation.