People who have been arrested for a crime particularly those who have not posted a bail or released based on their own recognizance will want to know when they are going to appear in court. Defendants are naturally interested to know the charges they have to face, when they can be released from custody and when they will make the first appearance.
In many states, first appearance is also called arraignment or initial appearance. Regardless of how it is called or described, arraignment prohibits law enforcement agencies from confining a suspect indefinitely without the judge’s oversight. If the court finds that there is no probable cause that the defendant has committed a crime, the defendant’s release will be ordered.
The time of initial appearance varies from jurisdiction to jurisdiction. The fact is rules of arraignment and initial appearances differ among cities, counties and states. Some state laws specify how soon a suspect is required to appear to court but others are vague about “unnecessary delay” after an arrest.
In both state and federal courts, arraignment is usually the point when the court advises the defendant of the charges and his rights under the constitution particularly the right to legal counsel. The court will ask the defendant whether he has plans to hire a criminal defence lawyer or if he plans to use a public defender once he is eligible.
The court will take the defendant’s plea and determine whether he can post a bail, the amount of bail or whether he can be released based on his own recognizance. Conditions will be established by the court for the defendant’s release pending the resolution of existing cases like travel restrictions or a ban to contact the alleged victim. The court will also set the dates for further proceedings like the date when the parties have to report back for plea negotiations or the preliminary hearing.
The best option when you are accused and arrested for a crime is to call Donich Law immediately. An experienced criminal defence lawyer can get you out of jail as soon as possible. He will guide you through the court process and provide the necessary advice on the applicable laws.