First Judicial Appearance

Criminal Procedure: Pretrial Events First Judicial Appearance

Introduction to First Judicial Appearance

Within a reasonable time after the arrest, the accused must be taken before a magistrate and informed of the charge. The magistrate will ascertain that the person before the court is, in fact, the individual referred to in the complaint. The magistrate also will notify the accused of various legal rights, such as the right to remain silent and the right to assistance of counsel. If the accused is indigent (poor) and desires the assistance of an appointed attorney, the process for securing an attorney at the state’s expense will be initiated. In some jurisdictions, the government retains a staff of attorneys, known as public defenders, specifically to defend those who cannot afford a private attorney. Public defenders specialize in criminal law. In other areas, the court appoints private lawyers from the community to represent indigent defendants. Some areas have a mix of the two systems.

In most jurisdictions, either before or during the first appearance, the magistrate will review the evidence to ensure that the arrest and complaint are supported by sufficient information to establish probable cause to believe the accused committed the crime charged. If temporary pretrial release was not secured at an earlier stage, the magistrate will consider whether the accused is entitled to be released on bail and, if so, the conditions the accused must meet to gain release from custody pending the trial. If charged with a minor offense, the accused may be asked to enter a plea regarding his or her guilt or innocence, and the magistrate may have the authority to proceed to trial if the defendant has pled not guilty. If the accused is charged with a serious offense, he or she does not enter a plea at the initial appearance.” (1)

Resources

Notes and References

• Information about First Judicial Appearance in the Encarta Online Encyclopedia

Guide to First Judicial Appearance

In this Section

Pretrial Events, Investigation and Arrest, Pretrial Events Booking, First Judicial Appearance, Bail, Preliminary Hearing, Arraignment on the Indictment and Preparation for Trial.