WEBVTT

1
00:00:00.250 --> 00:00:02.490
What happens at your first DUI

2
00:00:02.490 --> 00:00:04.270
court date in California?

3
00:00:04.410 --> 00:00:05.850
Usually, it is an arraignment

4
00:00:05.850 --> 00:00:07.930
to address charges, counsel and

5
00:00:07.930 --> 00:00:08.890
next steps.

6
00:00:08.890 --> 00:00:09.930
Check your appearance

7
00:00:09.930 --> 00:00:11.690
instructions and any separate

8
00:00:11.690 --> 00:00:13.230
driver’s license deadline.

9
00:00:14.250 --> 00:00:16.170
An arraignment is usually not

10
00:00:16.170 --> 00:00:17.150
the trial.

11
00:00:17.210 --> 00:00:18.650
The court identifies the

12
00:00:18.650 --> 00:00:20.090
charges against you and your

13
00:00:20.090 --> 00:00:22.650
rights, deals with a plea, and

14
00:00:22.650 --> 00:00:24.270
sets what happens next.

15
00:00:24.410 --> 00:00:25.850
Ask for a copy of the

16
00:00:25.850 --> 00:00:27.290
complaint, which lists the

17
00:00:27.290 --> 00:00:28.030
accusations.

18
00:00:28.433 --> 00:00:30.833
A DUI case can be a misdemeanor

19
00:00:30.833 --> 00:00:32.113
or a felony.

20
00:00:32.113 --> 00:00:33.713
Your first court date does not

21
00:00:33.713 --> 00:00:35.313
mean this is legally a first

22
00:00:35.313 --> 00:00:35.813
offense.

23
00:00:36.917 --> 00:00:38.677
Do not wait for court to check

24
00:00:38.677 --> 00:00:40.137
your license notice.

25
00:00:40.277 --> 00:00:42.037
California DMV says you can

26
00:00:42.037 --> 00:00:43.557
request a hearing within ten

27
00:00:43.557 --> 00:00:45.077
days after receiving a

28
00:00:45.077 --> 00:00:46.597
suspension or revocation

29
00:00:46.597 --> 00:00:47.337
notice.

30
00:00:47.397 --> 00:00:48.997
That administrative process

31
00:00:48.997 --> 00:00:50.917
concerns driving privileges and

32
00:00:50.917 --> 00:00:52.277
is separate from the criminal

33
00:00:52.277 --> 00:00:52.617
case.

34
00:00:53.052 --> 00:00:54.972
A hearing request alone does

35
00:00:54.972 --> 00:00:56.572
not automatically pause a

36
00:00:56.572 --> 00:00:57.472
suspension.

37
00:00:57.692 --> 00:00:58.892
Ask promptly about the

38
00:00:58.892 --> 00:01:01.132
deadline, any stay and whether

39
00:01:01.132 --> 00:01:02.432
you may lawfully drive.

40
00:01:03.417 --> 00:01:05.277
If you do not have a lawyer,

41
00:01:05.417 --> 00:01:06.617
tell the court you want

42
00:01:06.617 --> 00:01:07.437
counsel.

43
00:01:07.497 --> 00:01:09.657
If you cannot afford one, ask

44
00:01:09.657 --> 00:01:11.277
about appointed counsel;

45
00:01:11.497 --> 00:01:13.417
the court may require financial

46
00:01:13.417 --> 00:01:14.317
information.

47
00:01:14.457 --> 00:01:15.897
Ask to speak with counsel

48
00:01:15.897 --> 00:01:17.677
before deciding on a plea.

49
00:01:17.924 --> 00:01:18.804
If you need a court

50
00:01:18.804 --> 00:01:20.644
interpreter, request one

51
00:01:20.644 --> 00:01:21.924
promptly through the local

52
00:01:21.924 --> 00:01:23.124
court and confirm the

53
00:01:23.124 --> 00:01:24.024
arrangements.

54
00:01:24.084 --> 00:01:26.004
Court interpreters are provided

55
00:01:26.004 --> 00:01:26.904
without charge.

56
00:01:28.050 --> 00:01:30.230
Common pleas include guilty,

57
00:01:30.450 --> 00:01:32.630
not guilty and no contest.

58
00:01:32.770 --> 00:01:34.530
No contest is not a harmless

59
00:01:34.530 --> 00:01:36.310
way to end the conversation:

60
00:01:36.450 --> 00:01:37.890
in the criminal case, the court

61
00:01:37.890 --> 00:01:39.830
treats it as a guilty plea.

62
00:01:39.890 --> 00:01:41.170
Get advice about the

63
00:01:41.170 --> 00:01:42.695
consequences, including

64
00:01:42.695 --> 00:01:44.615
license, work and immigration

65
00:01:44.615 --> 00:01:46.155
issues where relevant.

66
00:01:46.295 --> 00:01:47.655
If you need time to obtain

67
00:01:47.655 --> 00:01:50.055
advice or respond, raise that

68
00:01:50.055 --> 00:01:51.755
with counsel and the court.

69
00:01:51.815 --> 00:01:53.815
Do not assume a postponement is

70
00:01:53.815 --> 00:01:54.475
automatic.

71
00:01:55.517 --> 00:01:57.357
Do not assume hiring a lawyer

72
00:01:57.357 --> 00:01:59.057
means you can stay home.

73
00:01:59.117 --> 00:02:00.877
California sometimes permits

74
00:02:00.877 --> 00:02:02.637
misdemeanor appearances through

75
00:02:02.637 --> 00:02:04.897
counsel or remote proceedings,

76
00:02:05.037 --> 00:02:06.657
but conditions apply.

77
00:02:06.717 --> 00:02:09.117
In DUI cases, the court may

78
00:02:09.117 --> 00:02:10.477
require the defendant to

79
00:02:10.477 --> 00:02:10.977
attend.

80
00:02:11.352 --> 00:02:12.872
Felony proceedings have

81
00:02:12.872 --> 00:02:14.252
additional rules.

82
00:02:14.472 --> 00:02:15.992
Confirm the actual court

83
00:02:15.992 --> 00:02:17.932
instructions with your lawyer.

84
00:02:17.992 --> 00:02:19.592
Missing a required appearance

85
00:02:19.592 --> 00:02:21.292
can lead to a warrant.

86
00:02:21.352 --> 00:02:23.112
A phone call alone does not

87
00:02:23.112 --> 00:02:24.412
excuse your attendance.

88
00:02:25.450 --> 00:02:27.630
The judge may address custody,

89
00:02:27.770 --> 00:02:29.790
bail or release conditions,

90
00:02:30.010 --> 00:02:31.370
particularly if you are in

91
00:02:31.370 --> 00:02:32.190
custody.

92
00:02:32.250 --> 00:02:33.530
What happens depends on the

93
00:02:33.530 --> 00:02:35.610
charges, your situation and the

94
00:02:35.610 --> 00:02:36.910
court’s legal assessment.

95
00:02:37.161 --> 00:02:38.601
There is no promise that

96
00:02:38.601 --> 00:02:40.201
everyone goes home or that

97
00:02:40.201 --> 00:02:41.821
everyone goes to jail.

98
00:02:41.881 --> 00:02:43.881
Get a copy of any orders and

99
00:02:43.881 --> 00:02:45.481
understand what you must do

100
00:02:45.481 --> 00:02:46.781
until the next hearing.

101
00:02:47.843 --> 00:02:49.443
Bring your citation or court

102
00:02:49.443 --> 00:02:52.163
notice, release papers, license

103
00:02:52.163 --> 00:02:53.843
notice and any identification

104
00:02:53.843 --> 00:02:55.303
the court requires.

105
00:02:55.443 --> 00:02:56.883
Keep a copy of your questions

106
00:02:56.883 --> 00:02:58.323
for counsel and accurate

107
00:02:58.323 --> 00:02:59.463
contact details.

108
00:02:59.938 --> 00:03:01.858
Check the location, time,

109
00:03:01.858 --> 00:03:03.538
check-in procedure and security

110
00:03:03.538 --> 00:03:04.918
rules in advance.

111
00:03:05.058 --> 00:03:06.978
Arrange transport that does not

112
00:03:06.978 --> 00:03:08.598
involve unlawful driving.

113
00:03:08.966 --> 00:03:10.246
If an emergency affects

114
00:03:10.246 --> 00:03:12.326
attendance, contact your lawyer

115
00:03:12.326 --> 00:03:13.786
and the court promptly;

116
00:03:14.006 --> 00:03:15.706
do not simply miss the hearing.

117
00:03:16.583 --> 00:03:18.503
Before leaving, confirm the

118
00:03:18.503 --> 00:03:20.923
next date, how you must appear,

119
00:03:21.223 --> 00:03:22.983
every release condition and any

120
00:03:22.983 --> 00:03:25.003
outstanding DMV deadline.

121
00:03:25.063 --> 00:03:26.823
Ask your lawyer what a proposed

122
00:03:26.823 --> 00:03:28.663
waiver of time or another right

123
00:03:28.663 --> 00:03:30.043
would mean before agreeing.

124
00:03:30.378 --> 00:03:32.298
Keep copies of notices and

125
00:03:32.298 --> 00:03:33.998
orders in one place.

126
00:03:34.138 --> 00:03:35.498
If the case does not appear

127
00:03:35.498 --> 00:03:37.658
online, verify the position

128
00:03:37.658 --> 00:03:38.938
with your lawyer and court

129
00:03:38.938 --> 00:03:40.298
instead of assuming it was

130
00:03:40.298 --> 00:03:40.878
dismissed.

131
00:03:42.077 --> 00:03:44.257
For general legal information,

132
00:03:44.557 --> 00:03:46.317
Legal Hotline’s United States

133
00:03:46.317 --> 00:03:47.937
number is on screen.

134
00:03:47.997 --> 00:03:49.677
Read the California answer and

135
00:03:49.677 --> 00:03:51.517
sources at Legal Hotline dot

136
00:03:51.517 --> 00:03:53.277
com, with a hyphen between

137
00:03:53.277 --> 00:03:54.497
Legal and Hotline.

138
00:03:54.812 --> 00:03:56.812
This is an information service,

139
00:03:56.812 --> 00:03:58.192
not a law firm;

140
00:03:58.412 --> 00:04:00.272
lawyer matching is separate.

141
00:04:00.332 --> 00:04:01.692
This edition explains

142
00:04:01.692 --> 00:04:03.472
California procedure.

143
00:04:03.612 --> 00:04:05.292
Your charges, court

144
00:04:05.292 --> 00:04:07.212
instructions and driving status

145
00:04:07.212 --> 00:04:08.912
need individual assessment.
