What to expect after arraignment – Part 1

You don't need to go it alone.  Here's what to expect after your first court appearance - Part 1.

​Here is what happens after arraignment:

  • All videos from the night of your arrest would be ordered and reviewed;
  • Any key witnesses who were with you that evening would be interviewed;
  • Depending upon how low your breath test result was, a forensic chemist would be retained to calculate whether your results from the breath testing machine in the police station could be related back to below the legal limit of .08% at the time you were driving;
  • If there was a problem with the machine or with how the police tested you, the chemist could verify whether those irregularities could affect the accuracy of the breath test result which would be crucial for successfully defending the Civil Suspension part of your case;
  • The online maintenance records for the breath testing machine would also be reviewed to see if the machine had any continuing problems which would also affect the integrity of the breath test result;
  • Any additional records not produced by the State at arraignment would have to be obtained.

​After the State has produced all of the records and the videos have been reviewed, depending on what is in those materials, legal briefs or motions would be prepared and filed attacking the admissibility of the breath test results or challenging other parts of the State's case. The pre trial preparation and the filing of motions would happen 30 to 60 days after arraignment. Then the first Calendar Call or Status Conference would happen, to discuss the case with the prosecutor to determine whether there could be a settlement, or whether the Court would need to schedule hearings, which would usually take place a month or so thereafter. It would be normally necessary for you to appear at the Status Conference and at any hearings. I will notify you of all Court hearings as soon as the Court issues hearing notices.

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Any testimonial or endorsement, or case result stated in this post, is not a guarantee, or warranty, or prediction regarding the outcome of your case. Client testimonials and case results set out in this post are specific to the factual and legal circumstances in those cases, and do not guarantee that the same results would be obtained in your case. The information you obtain from this post is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.