Initial Appearance in Lexington DUI Court

An initial appearance is an opportunity for the defendant to check in with the court and for their lawyer and the prosecutor to discuss the case. An individual’s initial appearance in Lexington DUI court depends on whether or not they are summary court, magistrate or municipal court, or general sessions court. If they are in magistrate or municipal court, the arresting officer might act as prosecutor. At the initial appearance, their lawyer could negotiate the case and any discovery or evidence with the officer to keep the case moving forward.

General sessions court is similar to a magistrate or municipal court. However, the first appearance is in a different courthouse with different prosecutors and a solicitor from the 11th Judicial Circuit Solicitor’s Office, rather than the arresting officer. Like magistrate or municipal court, the individual’s lawyer should be provided with the discovery the day of the initial appearance or already have it so that they can discuss the facts of the case and negotiate with the prosecutor to resolve it.

If you have been charged with a DUI, seek the services of a seasoned DUI lawyer who could advocate for you at your initial appearance in court.

When Does an Initial Appearance in Court Happen?

Initial appearances typically occur approximately one to two months from the date of arrest, though it is possible for them to be scheduled sooner. The scheduling of initial appearances often depends on whether the court charge is a magistrate or municipal court and on the location of the magistrate or municipal court versus general sessions court.

Court Location for an Initial Appearance

In Lexington, initial appearances in court for DUI charges take place at the municipal court building on Maiden Lane where they have their own courtroom. If someone’s DUI charge is in magistrate court, their initial appearance will be in Lexington’s old courthouse across the street from the newer courthouse at 205 East Main Street. The newer courthouse is where initial appearances for general sessions court charges are held.

However, there are other magistrate courts throughout the county. Depending on where someone’s charge occurred and what court the charge is in, they could have their first appearance in Oak Grove, Batesburg-Leesville, Swansea, or any other small magistrate office.

Parties Involved in an Initial Appearance for a DUI

The individual, their lawyer, the prosecutor, and/or the officer, depending on which court they are in, will typically attend someone’s initial appearance in a Lexington DUI court. In Lexington, a judge will not be involved in the initial appearance process. There is no set judge for the remainder of any case. There are numerous rotating judges in magistrate court, as well as rotating circuit court judges in the courts for general sessions.

Setting Bond at an Initial Appearance

Personal recognizance bonds and surety bonds are most applicable to initial appearances. A PR bond will allow the person to be released without a surety bond. Surety bonds might involve the individual consulting a bail bondsman if they do not have enough collateral, such as cash or property, to cover the surety and ensure that the individual will not run. If they flee, they will lose their collateral or, if they utilized a bond company, the bond company will send a bounty hunter to retrieve them.

Between PR and surety bonds, these issues do not come up often at initial appearances unless someone was to miss their initial appearance, which could be considered as a violation of their bond.

For more information about the initial appearance in Lexington DUI court and how an experienced attorney could help you, call today.