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Arkansas DWI/DUI Court ProcessWhen anyone charged with a crime in Arkansas is arrested, the police officers who arrest them are required to inform them of the charges against them and bring the defendant before a magistrate or judge. Typically, this must be done within 72 hours of the arrest. The magistrate or judge will inform the defendant of the charges against him or her and the right to a lawyer. The court will take no further action until the defendant has had a reasonable chance to consult a lawyer or else indicates that he or she does not wish to do so. The court will then conduct an informal hearing in which the judge or magistrate will listen to the State's evidence against the defendant as well as any evidence the defendant presents and decide if a crime has occurred and if the defendant is probably guilty of that crime. If the court determines that the defendant is probably guilty of the crime he or she is charged with, the case will be set for trial. After the initial hearing, the judge or magistrate will also decide whether to release the defendant on bail before his or her trial. The court can require various things from the defendant before allowing them to be released on bail, ranging from a promise to appear (which is known as "release upon one's own recognizances") to restrictions on the defendant's behavior, to a bond which the defendant must forfeit to the court if he or she fails to appear when called. Bail in Arkansas DWI CasesBail will usually be granted on some terms in Arkansas DWI cases. Arkansas DUI Jury TrialsFelony DWI cases are always heard in circuit courts, but misdemeanors may be heard in district courts in some counties. Circuit courts always have jury trials for criminal offenses. District courts do not have jury trials, but the defendant always has the right to appeal a verdict from a district court to a circuit court with a jury for a new trial. This appeal must be filed within 30 days of the verdict. |
