Quick Answer: What Is The Purpose Of An Initial Appearance?

What is the most important part of the initial appearance?

Perhaps the most important action at the initial appearance is the initial judicial determination regarding bail.

Generally speaking, the two most commons options for bail are either a signature bond or cash bail..

What is the purpose of cash bail?

Most jurisdictions in the country operate a cash bail system, in which the court determines an amount of money that a person has to pay in order to secure their release from detention. The cash amount serves as collateral to ensure that the defendant appears in court for their trial.

What does initial appearance mean?

Legal Definition of initial appearance : the first appearance of a criminal defendant before a judge or usually a magistrate. — called also arraignment on the warrant, initial presentment.

What does it mean when your case goes to trial?

A court trial, also called a bench trial or a jury trial, is when all the facts of a case are heard, and a judge or jury makes the final decision about the court case. An offender can waive their rights to a jury trial and just have the judge make the ruling in a bench trial.

What exactly is bail?

Bail works by releasing a defendant in exchange for money that the court holds until all proceedings and trials surrounding the accused person are complete. The court hopes that the defendant will show up for his or her court dates in order to recover the bail.

Can you get charges dropped at an arraignment?

It is possible for the judge to dismiss your case during an arraignment if he or she sees you’re the officers and the prosecution have a shaky foundation on which to charge you. Your attorney could ask the judge to drop the charges against you by filing a motion prior to your arraignment.

Can charges be changed after arraignment?

In general, prosecutors are able to amend a charge to whatever they think they can prove up until the time that jeopardy attaches (i.e., the trial has begun). In some limited circumstances, prosecutors may even be allowed to alter a defendant’s charges after a trial begins.

What happens at hearing?

At hearings, the court relies on written declarations and your arguments. Hearings can determine temporary, agreed, or some procedural matters. The trial is where you give evidence and arguments for the judge to use in making a final decision.

Should I plead not guilty at arraignment?

You should definitely plead NOT GUILTY to your criminal or traffic charge! The first court hearing is called an arraignment. … If you were to plead “guilty,” the Judge would set your sentence on each of your charges to whatever he or she wants within the minimum and maximum sentence allowed by law.

What are the steps in arraignment?

Steps in a Criminal CaseStep 1: Arraignment. The first step in a criminal case is a court appearance called an arraignment, in which the charges against the defendant are read before a judge. … Step 2: Preliminary Hearing. … Step 3: 2nd Arraignment (Superior Court) … Step 4: Pretrial Hearing & Motions.Step 5: Jury Trial.

What happens at a booking?

After an arrest, a criminal suspect is usually taken into police custody and “booked,” or “processed.” During booking, a police officer typically takes the criminal suspect’s personal information; records information about the alleged crime; performs a record search of the suspect’s criminal background; fingerprints, …

What does to be spoken to mean in court?

It’s the first time the matter is in court, there will be no trial that day. “To be spoken to” Not scheduled for trial, they’ll give an update to the presiding Judge or Justice of the Peace and then pick another date to return (either for trial, plea, or to be spoken to again) “To take a plea”

What is the purpose of the initial appearance and the arraignment?

Unlike the arraignment proceeding—wherein a defendant is formally advised of charges contained in an indictment or information and asked to enter a plea—the purpose of the initial appearance is to have a judicial officer inform the defendant of the basis for the arrest, advise the defendant of her rights, and, if …

What happens at first court appearance?

1. Initial Appearance – This is the defendant’s first appearance in court, and the defendant is advised of the charges. The judge appoints an attorney if the defendant cannot afford one. … The judge—or at the defendant’s request, a jury—can hear evidence on the charges and find the defendant guilty or not guilty.

What are the two purposes of bail?

Bail is not a fine. It is not supposed to be used as punishment. The purpose of bail is simply to ensure that defendants will appear for trial and all pretrial hearings for which they must be present. Bail is returned to defendants when their trial is over, in some states minus a processing fee.

Why is bail a good thing?

Bail helps get good people out of jail so they can better prepare for their trial. These people will be able to spend time with their families, safe and sound at home. They will be able to keep going to their job and earn an income. Getting bailed out of jail is a very good thing.

Will I be drug tested at my preliminary hearing?

The Preliminary hearing is a probable cause hearing and you will not be tested. You are presumed innocent and the state has the burden of proof for the case to go forward to the Grand Jury and trial in Circuit Court. Contact an experienced…

Is going to court scary?

Being a witness and talking in court can be scary – but try and remember these things: you are not there to solve the crime or explain everything that happened – you just need to talk about what you saw or what you were told.