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Arraignment:
For arrests in New York City, this will occur approximately 24 hours after your arrest. In Westchester and Long Island, you will most likely be given a summons to return to court within 30 days. You should try to retain an attorney by then.
If you have no prior warrant record and strong ties to the community you may be released without bail. The arraignment is primarily to advise you of your rights and enter a plea of not guilty.
If you have an attorney, he will advise you. It is important to not resolve a case at arraignment because you may not be fully aware of the impacts of a guilty plea until you have spoken at length with an attorney.
Motor Vehicle Hearing:
If you refused to take a breath test, you must attend your revocation
hearing at DMV to preserve your right to drive. A hearing must be initially scheduled within 15 days. This hearing is extremely important, because crucial defenses can be developed at it.
If you had a valid license when stopped, you can qualify for a conditional license 30 days after your arrest. The conditional license will allow you to drive for the purposes of work, education and health. You received notice of your refusal hearing at the time of arraignment.
If you lose at the refusal hearing, you cannot drive until you qualify for a conditional license. In certain limited circumstances, you can qualify for a hardship license from the court to allow you to commute back and forth from work.
Forfeiture Proceeding
As if getting arrested isn't bad enough, in New York City and on Long Island, they may also try to take your car, claiming that it was used in committing a crime. This is a separate civil case called a forfeiture proceeding. We will advise you how to not lose your car and how to protect your credit if you drive a leased vehicle.
Pre-trial Conference:
This is usually the first court date after your arraignment. At this meeting your attorney will discuss your case with the District Attorney and negotiate the best possible plea bargain, if this is what you want. It will happen about four weeks after arraignment. The date is set by the Court and your attorney on his calendar.
Suppression Hearing:
The Court may suppress some or all of the evidence against you if your constitutional rights have been violated. Your attorney will file motions to suppress evidence that was not properly gathered. It occurs anywhere from 6 weeks to 3 months after the pre-trial conference.
Trial:
Almost always a trial to a jury of six for a first time DWI. Trial must be held within a three- month period after your plea of not guilty, excluding motion practice and other certain adjournments.
Sentencing:
The Court imposes a sentence after a conviction at trial or after a plea bargain is accepted and a plea entered. Sentences may include jail time, public service, alcohol classes and fines.
Appeal:
If there were legal errors during the trial, those issues can be appealed to a high court for review. If the appeals court agrees there were problems with the trial, it can dismiss the case or send it back for a new trial.
Get a free analysis of your DWI case from a New York DWI attorney. Get the assistance you need in your case early on and rely upon a proven NY DWI defense professional to assist you.
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