Criminal Law - Arizona Criminal Defense
Your Arizona arraignment is the date will appear on your ticket, and is usually set about 30 to 60 days after your criminal offense or DUI arrest. If you have an Arizona Criminal Defense Attorney, and are not on bond, you do not have to appear. A Good Arizona DUI Attorney or DUI Lawyer will take care of the first court date, so that you do not have to appear. The purpose of the arraignment is to mainly advise you of your rights, and give you the opportunity to respond your attorney will be able to give you that information and provide a response on your behalf to the court. If you do not have an attorney, you must appear at the arraignment. If you do have an attorney, confirm with your attorney that you will not be required to attend. In most all cases, your Phoenix DUI Lawyer or Arizona Criminal Defense Attorney will submit on your behalf a "not guilty" response, notice of defenses, and notice of their legal representation on of your case.
There are three possible responses to an Arraignment:
1. Guilty Plea**
2. Not Guilty Plea
3. No Contest plea** - In short, it means you do not refute the charges, but also you do not claim guilt for the charges. Specifically, a plea of "No Contest", (also known as "Nolo Contendere,") simply means that you do not wish to contest the State's charge (s) against you. It is important to know, however, that according to Arizona State Laws, upon a plea of "No Contest", the Judge will enter a judgment of guilty. If you enter a plea of "Guilty"** or "No Contest"**, you may still be sentenced immediately following the Judge's acceptance of your plea.
In Arizona, if you or your Arizona Criminal Defense Attorney does not enter a plea on your behalf, then a plea of "not guilty" will be entered for you by the court. If you do not have an attorney, you must be at the arraignment. If you are out-of-custody, you must show up in person and on time. If you fail to show up or have an attorney file the appropriate response a warrant will be issued for your arrest. You will receive a copy of the indictment. Remember, "not guilty" is an appropriate plea and response since you since you have a constitutionally right remain silent and to a presumption of innocence and it is the State's responsibility to prove you are guilty.
Procedurally, when a plea of "not guilty: is entered, you or your Arizona Criminal Defense Criminal Attorney will get a "pretrial conference date" which will be outlined in greater detail in a near future article.