Your First Court Appearance for a DWI in Texas.

When you get your first court appearance letter in Collin or Dallas county, Texas, for a DWI arrest – don’t panic! The court date isn’t a trial and is usually a hurry-up and wait event.

Court appearances serve two functions from the court’s point of view. First is that it makes sure you’re honoring your bond, and second it’s making sure that you and the prosecution are moving towards a resolution. Keep in mind that courts in Collin and Dallas counties have hundreds if not thousands of cases to keep up with – not just yours!

If you don’t come to court, a warrant can be issued for your arrest. Some Courts – mostly in Dallas County – will excuse your appearance on a first or second announcement IF YOU HAVE A LAWYER. You should never assume your attendance is excused, however, and should always clear it in advance.

There is an excellent chance that you won’t even see the judge on a first setting. The court date is mostly so your lawyer can communicate with the prosecutor about things like the police report, the dwi video, the breath test results, and possible plea bargains.

If you do see the judge it’s almost always going to be your choice. If you chose to plead guilty on the very first setting, you’ll see the judge or if you come to court without a lawyer, many judges will lecture you on the dangers and disadvantages of not having a lawyer in front of the court reporter.

Most of the time a first appearance in Dallas and Collin counties results in the case being “passed” for another announcement – meaning you’ll come back in another month for another court date. By the second month, though, hopefully your lawyer will have been able to do even more legal research and factual research based on what they learned on the first setting so they can have a better picture in your case.

If you don’t have a lawyer, some court personnel may imply that it’s a better idea to visit with a prosecutor before seeking a lawyer. Here’s what I think about that -- http://wp.me/pNRMa-4.

Jeremy F. Rosenthal, Esq.

(972) 562-7549

*Jeremy F. Rosenthal is an attorney licensed in the State of Texas. Nothing in this article is intended to be legal advice. For legal advice you should consult an attorney.