Guest blog by an anonymous former client
For me, going to court for my DWI charge was very nerve wracking. It brought back feelings of guilt and remorse about the poor choice I had made. While my attorney Avery Appelman and I had talked about the likely outcome of my case, I was still fearful about what “could” happen if the judge didn’t accept my plea.
If you are charged with a DWI in Minnesota you will be required to appear in court several times. Your first appearance in court is called an Arraignment or a First Appearance depending on the degree of the DWI. You will enter a plea of guilty or not guilty on the charges against you. If you plead guilty the judge will impose a sentence which may include jail time and/or fines, if you plead not guilty another hearing date will be scheduled.
Your second appearance will be a Pre-Trial or Omnibus hearing where the judge will decide whether there is enough evidence for the case to go to trial. Your third appearance will be either a court trial or jury trial. The prosecutor will present evidence regarding the charges against you. After your testimony has been heard by a judge, the judge will make a ruling regarding your innocence or guilt. At a jury trial a panel of six jurors will decide your innocence or guilt.
My biggest concern regarding the outcome of my case was serving jail time. I had spent a night there after my arrest and I did not want to see the inside of a jail cell EVER again. Thankfully, there are other options such as Electronic Home Monitoring (EHM) and Sentence to Service (STS).
Electronic home monitoring is an alternative to jail time. A transmitter is installed on your ankle and the receiver is attached to your home phone line so the receiver can report when you leave the house and when you return. If you are eligible for work release the court will contact your employer to find out your work hours each week. Sentence to service is another alternative to jail time and/or paying a fine where you complete community improvement and restoration projects.
Appearing in court was a daunting experience, but having my attorney there with me to explain the court process really put me at ease. I trusted Avery and knew he was going to make sure I got the best outcome possible. I highly recommend retaining an attorney to protect your rights and negotiate the outcome of your sentence. I hate to think what might have happened to me if I didn’t have Minnesota criminal defense attorney Avery Appelman by my side.
