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A Massachusetts DUI arraignment is conducted in District Court, usually on the same day of the DWI arrest or on the following day. Upon arrival at the courthouse DWI defendants are usually instructed to check in with the probation department. A probation officer will interview the defendant to obtain some basic information regarding the defendant's background, history, biographical information, and the like. At the actual arraignment, the DWI defendant should be given a copy of the police report as well as his or her criminal record, if he or she has one. If you do not receive this information from the prosecutor at your Massachusetts DWI arraignment, please ask for it. You have the legal right to receive it and the prosecution is required to give it to you at arraignment.
In Massachusetts, the actual arraignment itself is a simple process. It consists of the DUI defendant being called before a judge or magistrate and being read the charges. The DUI defendant is then asked if he or she pleads guilty or not guilty. The court will give the defendant a date to return to court for a pre-trial hearing, prior to which a pretrial conference between the prosecution and defense is supposed to occur.
In certain situations, it may be possible and advisable to resolve a DWI case by a plea at arraignment. The benefit of this is that may allow certain defendants to obtain a hardship license fairly quickly. However, please do not do anything without speaking with a qualified lawyer and having him review your situation.
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