1. I’ve been arrested for DUII, am I eligible to enter the DUII Diversion Program (DIVR)? You may be eligible if: you have not been convicted of a DUII within the last 15 years, have a clean criminal history, the DUII charge is not a felony, you did not hold a commercial driver’s license at the time of the offense, or you have not previously done a court ordered treatment or drug diversion program . Keep in mind, the court may find other factors that may make you ineligible. Contact an attorney to determine whether or not the facts of your case will prevent you from entering the DUII DIVR program. You will find out whether or not you’re eligible for DIVR at your first court appearance, and you can always challenge any oppositions to you entering the Diversion Program.
2. I’ve been arrested for domestic violence, am I eligible for a Deferred Sentencing Program (DSP)? It depends on the jurisdiction where you have been charged. Each county and municipality has its rules regarding eligibility. Usually, if the incident does not count as a felony, you have no prior criminal convictions or pending criminal cases, you may be eligible to enter the program. You will find out whether or not you’re eligible for the DSP program at your first court appearance.
3. What is an arraignment? An arraignment is usually the first court appearance where you go before the court and are told what the state or municipality charging you with and when your next court date will be. It is also the appearance in which you will be notified whether or not you’re eligible for any diversion programs, and whether or not you qualify for court appointed counsel.
4. I’ve been given a citation to appear for my arraignment, will I be thrown in jail once I appear? If you appear on the date on your citation, you usually will not be taken into custody unless you failed to make your first appearance (in which there would be a warrant for your arrest), or the judge finds an aggravating circumstance (such as a new arrest between the date of arrest and the arraignment date). Otherwise, your arraignment should go smoothly where you’re only notified of the charges, Diversion or special program eligibility, and future court dates.
5. I have an outstanding bench warrant that is several years old, and I need to have it lifted. How can I have that warrant lifted? Unfortunately, in most jurisdictions you cannot just call the court and request to have that warrant lifted: The court will require that you turn yourself in to the jail of that county. And to make matters worse, you might remain in jail until the case is resolved if the judge determines you’re a flight risk, you no longer reside in the state, you have a lengthy criminal history, or you have a history of failing to appear for court hearings. But, other options may exist to where you don’t need to turn yourself in to jail. Contact an attorney to see what your available options are in this situation.
*Warning: The above information is not intended as legal advice, and is for informational purposes only. Consult an attorney to determine whether your situation will yield special results.
