What Happens at Your First Court Appearance? A Criminal Defense Attorney Explains
If you’ve been charged with a crime, your first court appearance can feel overwhelming and intimidating. Understanding what to expect can help ease your anxiety and ensure you’re prepared for this critical step in your case. As experienced criminal defense attorneys, we’ve guided countless clients through this process and want you to know exactly what happens when you first walk into that courtroom.
Our experienced criminal defense attorneys at Wallin & Klarich can guide you through the legal process. Call Wallin & Klarich today toll-free at (877) 466-5245 for your free consultation with one of our appeals attorneys near you.
What Is a First Appearance?
Your first court appearance, often called an arraignment or initial appearance, is typically your first formal interaction with the criminal justice system after being charged. This hearing usually occurs within 24 to 72 hours of your arrest if you’ve been taken into custody, or on a scheduled date if you have bailed out after being arrested or you have received a court notice to appear in the mail.
The primary purposes of this hearing are to inform you of the charges against you, ensure you understand your rights, and address the question of bail or release conditions if you are in custody at the time of your arraignment.
The Charges Will Be Read
During your first appearance, the judge will formally inform you of the criminal charges filed against you. This includes reading the specific statute or statutes you’re accused of violating. If you hire our law firm we will have gone over the potential penalties you face, including possible jail time, fines, and other consequences.
This is a crucial moment. You need to fully understand what you’ve been accused of, as these charges will shape your entire legal strategy moving forward. If anything is unclear, your attorney can request clarification from the court.
Appointment of Counsel
If you cannot afford an attorney, the court will determine your eligibility for a public defender or court-appointed counsel. You’ll need to provide information about your financial situation, including income, assets, and expenses. If the court determines you are qualified to receive a public defender the court will advise you that you may be ordered to pay the county for using the public defender at the conclusion of the case.
However, if you have been wise enough to hire Wallin and Klarich prior to the arraignment we will already be familiar with your case and will have laid out the beginning of the defense strategy for your case. Your Wallin and Klarich lawyer can advocate for you at the arraignment regarding bail issues and what legal motions may be scheduled as your case progresses.
The Bail Hearing
If you are in custody at the time of your arraignment one of the most important aspects of your first appearance is the determination of bail. The judge will decide whether you’ll be released from custody while your case proceeds and, if so, under what conditions. In many cases by hiring Wallin and Klarich prior to the arraignment we can convince the judge to lower your bail amount or release you without bail. If this happens you will be released from custody to return to your home and family.
The court considers several factors when setting bail:
- The severity of the charges
- Your criminal history
- Your ties to the community (employment, family, residence)
- Whether you pose a flight risk
- Whether you pose a danger to the community or specific individuals
Bail can take several forms. You might be released on your own recognizance (a promise to appear), required to post a cash bond, or released with conditions such as GPS monitoring, travel restrictions, or orders to avoid certain people or places. In some serious cases, the judge may deny bail entirely.
This is where having an experienced criminal defense attorney makes a significant difference. We can present compelling arguments for your release, highlight your community ties, and negotiate reasonable bail conditions that may allow you to maintain your employment and family obligations while your case proceeds.
Entering a Plea
In many jurisdictions, you’ll be asked to enter a plea at your first appearance: guilty, not guilty, or no contest. In most cases, the appropriate response is to plead not guilty, even if you believe you committed the offense. This plea simply means you’re requiring the prosecution to prove their case and preserves all your legal rights and defense options.
Pleading guilty at this early stage is rarely advisable, as your lawyer will not have had adequate time to review the evidence, explore potential defenses, or negotiate with prosecutors. Your attorney can counsel you on the appropriate plea based on your specific circumstances.
Scheduling Future Court Dates
Before the hearing concludes, the judge will schedule your next court appearance, which might be a pretrial conference, preliminary hearing, or another procedural matter. It’s critical that you appear at all scheduled hearings if your matter is a felony, as failing to do so can result in additional charges and a warrant for your arrest. However, if you are accused of a misdemeanor offense then your lawyer may be able to appear at future court hearings without you having to attend.
What You Should Do Before Your First Appearance
Preparation is key to a successful first appearance. If possible, retain a criminal defense attorney, such as Wallin & Klarich, before this hearing. We can meet with you, review the charges, discuss your version of events, and develop an initial strategy. We’ll also advise you on appropriate courtroom behavior and what to expect.
Dress appropriately for court. Arrive early, turn off your cell phone, and treat everyone in the courthouse with respect. Your behavior and appearance can influence the judge’s impression of you, particularly regarding bail decisions.
Contact Wallin & Klarich Today
If you are facing criminal charges, you need to contact an aggressive defense attorney to fight for your freedom. With 40+ years of experience, our attorneys at Wallin & Klarich have helped many clients ensure they receive a fair trial in their criminal defense cases. We know the most effective strategies to argue on your behalf, and we will do everything in our power to help you achieve the best possible result in your case.
At Wallin & Klarich, we have offices all over Southern California: Irvine, Pasadena, Riverside, San Bernardino, San Diego, Torrance, Victorville, and Anaheim. Additionally, our law firm can handle many types of cases statewide.
Discover how our team can assist you. Contact us today, toll-free at (877) 466-5245 for a free consultation with a skilled defense attorney near you.
