Usually you'll be released after the cops process you and fill out whatever paperwork they're going to do. They'll usually release you if you have somebody that can come down and pick you up. Or if not, you may have to sit in jail overnight or at least for several hours until they decide it's okay to release you. That's what happens generally. Sometimes you have to bail out; sometimes if you don't bail out, you have to wait until you get in front of a judge, which could be up to 48 hours. In most cases, especially for first time DUIs, you are usually released to someone who can pick you up without you driving.
Do I Have The Right To An Attorney When I Am Arrested?
You are entitled to one phone call. My experience has been that the police rarely give you that right when you are arrested though. They usually won't allow you to make use of phone call for quite a while. So a lot of people think they can get a phone call right away, and they should, but the police generally aren't that cooperative about that, even though the law states you are entitled to a phone call. As far as an attorney, that depends. You don't have the right to consult an attorney before choosing a test, breath test, or a blood test. You do have a right to an attorney if you are not released; you also have a right to a phone call to an attorney, but not before you choose or submit to a chemical test.
Will I Be Arraigned Before I Am Released From Jail?
Most of the time, you'll be released long before the arraignment. If they do release you, you generally don't get an arraignment for about a month since you are out of custody, and therefore they don't have to bring you in front of a judge right away. If you remain in custody, they are supposed to bring you to court within 48 hours in front of a judge for the arraignment.
Can Someone Consult With An Attorney Prior To Making A Decision On A Chemical Test?
In California, you have no right to talk to an attorney before deciding which test to take.
What Instructions Or Paperwork Does Someone Have When They Get Out Of Jail?
In California, they are supposed to give you what's called the “Temporary License and Notice to Contact DMV.” In California, when you are arrested for a DUI and have a BAC of 0.08 or above, they will take your driver's license and give you what's called a Temporary License once you leave jail. It's a pink form 8×10 piece of paper. That gives you a temporary license for 30 days and instructs you to call DMV. The first thing you should do when that happens is call an attorney, because then a lawyer will know what officer to contact for the DMV.
Sometimes they'll give you a citation, and sometimes they don't. Oftentimes they'll give you a promise to appear that you have to sign with your court date on it. That's basically what you get when you leave the jail. You are able to drive for 30 days on that temporary license and if you call DMV or have your attorney call DMV to request a hearing within 10 days of your arrest, then you can continue to drive until there is a decision back from the hearing which generally takes longer than 30 days. Let's say you call a few days after your arrest to ask for a hearing; they probably can't schedule the hearing within the 30 days that the temporary license gives you, so they allow you to continue to drive until they have a hearing and until there is a decision made. If you win the hearing, then there's no problem; you can continue to drive. If you lose the hearing, that's when the suspension would take effect.
Is The Physical License Confiscated Immediately Upon Arrest?
Yes, your physical license will be confiscated immediately upon arrest. The police take the actual physical license and they are supposed to send it to DMV along with your paperwork, the police report, the test results, etc. If you win the DMV hearing, your license is supposed to be returned to you. In practice, I can remember only one time when that actually happened. Generally they won't be able to find your driver's license for whatever reason, and so you have to go down and get a duplicate license.
How Often Do You Meet With The Clients In The Month Following Their Arrest?
Generally just once and then it depends. If I get the police report within 30 days, this could be two or three times that we meet in the first 30 days. It just depends really on the timing of when we get the police report.
How Can I Discover Where My Friend Or Family Member Is After An Arrest?
If you know what county they were arrested in, the county sheriff might be the place to start. If you know what agency arrested them, then it would be that police department. If you don't know, then you just have to wait for the phone call. There is not a whole lot you can do at that point.
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