Do I need to be present for my arraignment or is this something my lawyer can handle without me?

Asked over 1 year ago - Newnan, GA

The arraignment is for a DUI charge.

Attorney answers (5)

  1. Benjamin David Goldberg

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    Contributor Level 17

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    Answered . Most courts will permit waivers of arraignment which, if done in advance, means neither the defendant nor the attorney needs to show up. This is something you should ask your lawyer about, because it depends on the jurisdiction and the judge. If you don't have an attorney, you need to appear at the arraignment and request for a continuance to give you time to hire a lawyer or request a public defender. Hopefully you have an attorney at this point. If not, hire one immediately.

  2. James Lawrence Yeargan Jr.

    Contributor Level 20

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    Answered . Usually your attorney can waive the arraignment ahead of time, or appear for you. All jurisdictions vary on this so check with your lawyer, but generally you don't have to go.

    James L. Yeargan, Jr. is licensed to practice law in the State of Georgia. All information given is based only on... more
  3. Zachary Walter Procter

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    Answered . You need to check with your lawyer, because some courts require you to be present and some do not. You do not want to risk the consequences of your presence is required and you don't appear.

  4. Jason W. Swindle

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    Answered . The other attorneys are correct. Courts are very different in how they handle arraignments. Your attorney will know whether you must appear or can waive your appearance.

  5. George F. Mccranie IV

    Pro

    Contributor Level 15

    Answered . Most courts will allow an Attorney to file a Waiver of Arraignment in advance of the hearing and not require the Attorney or Client to appear. However, it is best not to assume that every court will follow this procedure. Some courts do in fact require attendance at Arraignment. Anytime you are facing a criminal charge (like your DUI charge) it is best to retain an attorney to represent you, as soon as you can. The attorney will know the rules for the specific court that your case is in and will be able to advise you accordingly. In my area of the state, most courts allow the attorneys to file Waivers and don't require the clients to appear. If you have any questions about any part of the criminal process, I would advise you to ask your attorney. Good Luck!
    George McCranie www.mccranielaw.com

    The information provided in this response to a question is not legal advise and is provided only for general... more

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