Supreme Court of Virginia Opinions
The charges are not litigated at this time so full defenses are not required by the time the initial hearing takes place. The first appearance with a judge is an opportunity to make sure that the person understands the charges alleged against them and their right to counsel and the importance of counsel to assist the person with the charges. The judge who presides over the initial appearance informs the individual of their right to counsel and of their charges and the maximum penalties associated with those charges.
The judge does not necessarily preside over the remainder of the case. Arraignments and initial appearances in Maryland DUI court are similar. An arraignment is an opportunity for a person to be notified of the charges alleged against them and to make their initial determinations about the plea they want to enter.
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As a blanket rule, people are encouraged to enter a plea of not guilty at the time of arraignment to begin the process of discovery. An arraignment in Maryland usually takes place almost immediately after a person is charged with a DUI, but it is unusual that there is much information about the allegations against them. The defense attorney has likely not had an opportunity to talk to the person about all the defenses available in the case.
They are seen by a commissioner or judge to determine what bond should be issued if any, and what release conditions might be necessary for a case. The arraignment takes place at a court date several days later. At an arraignment for DUI charges, the judge usually explains the charges and the maximum penalties associated with those charges.
The judge also asks the person how they plead to the charges against them to begin the process. There are a lot of variations regarding how long a case can take to resolve. Western Maryland has a rocket-docket kind of system where cases move very quickly, so we usually expect to see a trial date within 3 months for first trial date. More often than not, most cases would not go off on the first court case for one procedural reason or another, but because of the speedy trial rule in Maryland, a person could usually expect to be at trial within 4 to 5 months.
This would really depend on what happened at the disposition or sentencing. In certain cases, the person would be done after they got out of jail, although more often than not, there would be a period of probation. Some of this probation would be unsupervised, meaning there would be no checking in with the person but there would be someone who was monitoring the court systems to make sure they had not gotten in trouble again.
Supervised probation would be where the person actually had a probation agent and they were required to stay in contact with them and meet with them. The schedule would vary from one probation officer to another, but in that case the person would be done once their probationary period ended. Sometimes the court would require the person to complete additional things such as community service or some kind of treatment regiment, whether alcohol classes, counseling, drug classes, or anger management.
Most people have one experience with the criminal justice system and that is enough for them, because they would have been burned and seen how bad it is. The reality of the criminal justice system is much worse than what is portrayed on TV so they tend to never get in trouble again. They go on to work and have a family life and put the whole process in the rearview.
The people who have the really lasting problems are the recidivists, because they tend to get in trouble time and time again. State v. Homan , N. Ragland v. State , Md. Legal Articles. The court should examine: "whether or not the vehicle's engine is running, or the ignition on; where and in what position the person is found in the vehicle; whether the person is awake or asleep; where the vehicle's ignition key is located; whether the vehicle's headlights are on; whether the vehicle is located in the roadway or is legally parked. State , 74 Md. Atterbeary , Md.
Prior to October 1, this level was. Brown v. As of September 30, Legislation enacted in replaced the term "intoxicated" with the term "under the influence. Definition of driving "while impaired by alcohol. Brooks v. State , 41 Md. Tereshuk v. State , 66 Md. State , 78 Md. State , 62 Md.
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Beckwith v. State , 61 Md. Did they do it? Is is scientifically accurate and reliable and legally valid? State , 15 Md.
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State , 85 Md. State , 89 Md. Maryland , U. United States , U. Alaska , U. S United States v. Bagley , U.
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Whitley , U. State , 70 Md.
State , 46 Md. State , 54 Md. Wingo , U. In re Michael W.
Res judicata Cook v. State , 56 Md. Ferrell , 67 Md.
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Swenson , U. State , 91 Md. State , 33 Md. Beers , 21 Md. Ayre v. State , 21 Md. State , 26 Md.