Awards & Media Appearances
The First Court Date: Understanding Your Arraignment 
After being arrested for DWI in Galveston County, your first court appearance will typically take place within 15 days. This is known as your arraignment. It is the first time you will face formal charges, and it’s a crucial point in your case. The arraignment is where the charges are read to you, and you will have the opportunity to enter a plea. The Arraignment Process
At your arraignment, the judge will inform you of the criminal charges against you. In this case, it will be a DWI charge. After being informed of the charge, the judge will ask you how you plead: guilty, not guilty, or no contest. Most individuals plead not guilty at this stage because it gives them more time to prepare their defense. It’s important to note that if you are unsure about your plea, you should consult with a qualified attorney before making any decisions. An experienced DWI defense attorney can advise you on the best course of action based on the circumstances of your case. If you have been arrested during a no-refusal weekend, such as New Year’s Eve, it’s also crucial to understand that your case might involve a blood draw without consent. In such cases, your attorney will want to review the procedures used for collecting blood samples.What Happens if You Enter a Plea of Not Guilty?
If you plead not guilty, your case will proceed to the next stage in the criminal justice system, which often includes pretrial motions and a pretrial conference. This is when your attorney will work with the prosecution to negotiate terms or present evidence to dismiss the case or challenge the evidence against you. In some instances, your attorney may argue that the arresting officer did not have probable cause to stop you or that the blood alcohol concentration (BAC) results were flawed or improperly obtained.The Zendeh Del & Associates, PLLC Team
Bail Hearing: What to Expect
During your first appearance, the judge may also hold a bail hearing, unless you’ve already been granted bail following your arrest. Bail is the amount of money required to release you from jail while your case is pending. If you’ve been arrested during a no-refusal weekend or a holiday period in Galveston County, be aware that bail could be set higher, especially if there were aggravating factors, such as an accident or a particularly high BAC.Factors Influencing Bail Amount
In Galveston County, the judge considers several factors when setting bail, including:- Criminal History: If you have prior DWI convictions or other criminal offenses, this could lead to a higher bail amount.
- Risk to Public Safety: If you were involved in an accident or if you had a BAC significantly over the legal limit, the judge may see you as a higher risk.
- Flight Risk: If you are considered a flight risk, the judge may increase bail or deny it altogether.
No-Refusal Weekends in Galveston County: What You Should Know
Galveston County is known for its no-refusal weekends, which occur during major holidays such as New Year’s Eve, Mardi Gras, and the Galveston Biker Rally. During these weekends, law enforcement officers can obtain blood samples from suspected DWI offenders without their consent.Client
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What Does No-Refusal Mean for Your Case?
If you were arrested during one of these weekends, it’s essential to understand that the blood draw can become a central piece of evidence in your case. While you can still challenge the validity of the blood test and the procedure used to collect it, the prosecution will likely present it as proof of intoxication. Your attorney will review whether the search warrant for the blood draw was properly obtained and if all legal protocols were followed. If any procedural errors occurred, your attorney may file a motion to suppress the blood test results, which could significantly affect the prosecution’s case.Pretrial Conference: Preparing for Your Case
After your first court appearance, your case will typically move to a pretrial conference, which may take place a few weeks or months later. During this conference, your attorney will meet with the prosecutor to discuss the evidence, negotiate a possible plea deal, or set a trial date. The pretrial conference is an opportunity to assess the strengths and weaknesses of the case and prepare for any motions or trial strategies.What Happens During the Pretrial Conference?
During the pretrial conference, both your defense attorney and the prosecutor will discuss issues such as:- The evidence against you, including witness testimony, blood alcohol concentration tests, and any other related evidence.
- Pretrial motions that may be filed to challenge the evidence or dismiss the case.
- Plea negotiations, where your attorney may attempt to reach a deal with the prosecution to reduce the charges or secure a lesser penalty.
Penalties for DWI in Galveston County: What Could You Face?
The penalties for a DWI conviction in Galveston County can vary depending on several factors, such as your BAC at the time of arrest, whether you were involved in an accident, and if you have any prior DWI convictions.Case Results
First-Time Offenders
For a first-time DWI offense, penalties may include:- Fines: Up to $2,000
- Jail Time: Between 3 to 180 days in jail
- Probation: Up to 2 years of probation
- License Suspension: 90 days to 1 year
Repeat Offenders
For repeat offenders, the penalties increase significantly:- Fines: Up to $4,000 for a second offense
- Jail Time: Between 30 days and 1 year in jail for a second offense; 2 to 10 years for a third offense
- License Suspension: 180 days to 2 years for a second offense; 2 years for a third offense