After an apprehension for DUI, the very first court date the charged will encounter is called the arraignment. This arraignment is a hearing where the charged will be formally accused of the DUI, they will become part of an official court document, and a Judge will establish particular conditions for the implicated defendant at this phase that they’ll have to abide by.
Many people are stunned to find out that of the conditions the Judge could set at a DUI arraignment includes bond. This is undoubtedly within the discernment of the Court and is determined by a number of aspects.
Prior criminal history: Among the elements, a Judge will certainly take into consideration in choosing whether not to establish bail at a DUI arraignment by figuring out whether the defendant has been in this type of trouble before. Particularly whether they have actually been arrested for a DUI prior to this court date. One of the obligations the Judge has to the area is a safety and security obligation. If the Court really feels there is a significant chance the accused will continue to drink and also drive, or will dedicate their time to additional criminal offenses after that bail, they won’t want to grant it. If the accused has never been in trouble before the bond is less likely to be imposed based upon this element, yet it is still constantly a possibility.
Outright truths: An additional variable the Court will consider in making a decision whether to impose bail or not at a DUI arraignment is the realities of the situation. If the offender was involved in a major automobile crash that led to severe injuries to another, that is serious. If there is proof they were significantly impaired at a very high level, that’s also serious. Once more this is figured out at the discretion of the Judge. Undoubtedly if an individual has never ever been in any problematic situations prior, there is no way a court could establish there is significant likelihood the accused will certainly commit a criminal activity in the future, but if the facts of the instance misbehaving behavior are sufficient a Court might feel this reveals a risk to the community requiring bond.
See intimidation: The last element a Judge will consider is whether the offender will seek to intimidate a witness while the situation is taking place. Generally, this is applicable in attack instances, or various other criminal offenses entailing individuals, but it could happen in a DUI case. If there are witnesses included, as well as the offender made threats to them or in some certain instances literally attacked them after that this may apply.
Imposing bail at a DUI arraignment is completely at the discretion of the Judge. These are just a few of the primary variables a court will take into consideration.