What to Expect After an OUI Arrest
Arrests can be terrifying. It is completely normal to be worried when you find yourself facing serious charges for operating under the influence (OUI). If you have been arrested, the first thing you need to do is call our firm's OUI attorney in Worcester.
It is essential that you have an accomplished lawyer on your side when you face the court. Without a defense attorney, you may be unable to negotiate for a favorable resolution to your case. As a result, you could face harsh prosecution and unjust consequences.
The OUI Process
- Arrest: After you are arrested for OUI, your vehicle will likely be impounded while you are taken to a local sheriff's station or police station. The officers are required to read you your Miranda rights upon arresting you. If they fail to do this, you can make a case over this issue in court.
Police can't arrest you without just cause. You may be required to take a blood or breath test. This test will allow the police to measure your estimated blood alcohol content and determine whether you are in violation of the law.
- Arraignment: After you have been booked in a jail, you will await your initial hearing, which is called an arraignment. In most cases, a judge will set your bail and read your charges at this hearing. It is wise to have an attorney present at this hearing as you will learn valuable information about your arrest.
Sometimes, the judge will release you from jail on the assumption that you will return to court on your pretrial date. Normally, bail is only set for third or subsequent OUIs.
- Pretrial conference: A pretrial conference is typically scheduled to take place four to six weeks after the arraignment. The pretrial conference is used to ensure that you have all of the information about your case. It is also an opportunity to obtain additional information from the prosecutor or discuss a resolution to the case. Some cases involve multiple conferences.
- Motion hearings: Your OUI attorney may want to make motions in your case. Sometimes, a correct motion can result in a case dismissal. For example, if the police officers did not have the right to stop your car but did so anyway, then you may be able to avoid conviction. A defense attorney can also use motions to suppress statements, such as when the defense requests that the judge suppress any evidence obtained illegally by the prosecution.
- Trial: If the motion hearings don't end the case, then the case will go to trial. In an OUI trial, the case typically only takes one day. It can be held before a judge or a jury. Our team can represent you in your case. Call us if you want a caring and devoted OUI lawyer on your side.
Our Goal in OUI Cases
At the Law Office of Robert W. Kovacs, Jr., we will treat you like family. We are dedicated to providing caring, customized attention to each client. You won't be just another case number at our firm.
We understand that your reputation, job, and freedom may be at stake in an OUI case. Our Worcester criminal defense lawyer come to the court armed and ready to help clients seek satisfactory solutions.