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What to Expect at Your First Court Appearance in a Criminal Case
Whether you’re interacting with the criminal justice system for the first time or you’ve been to court before, the first court appearance for a felony can be intimidating. By partnering with an experienced criminal defense lawyer in Orange County, you can learn more about what to expect. Through the best legal assistance, you can prepare your defense, gather evidence, and learn more about court proceedings.
What Four Things Typically Occur During the Defendant's First Appearance?During your first court appearance for a felony, there are four things that will generally take place. First, the judge will ask if you are the person who was named in the complaint. Then, the judge will make sure that you have been informed of your rights. Third, the judge will ask if you understand the charges that have been levied against you. Last, the judge will determine your release conditions.
The release conditions involved in every case can vary. For example, the court may require you to avoid all alcohol and mood-altering chemicals. The following are just a few of the conditions that are requested frequently.
- Requirement to go to future court appearances
- Do not leave the state
- Follow the law
- Do not contact specific people or go to certain locations
- Take part in random drug and alcohol testing
- Finish the booking
- Post a certain amount for bail
The first court appearance in the felony court process is important. Known as arraignment, this is the appearance where you will be informed about the charges and get an understanding about the legal basis of the case. Whatever plea you submit will shape the future of your case, which is why this stage is so important.
To make sure the court appearance goes as smoothly as possible, make sure to bring along your photo identification and any documents related to your case. If you expect to receive bail, you should bring bail money with you. Additionally, you should keep your lawyer’s contact information handy so that you can easily access it whenever you need to.
Will I Go to Jail on My First Court Date?During arraignment, the judge will determine if you qualify for bail based on a few key factors. They will consider the severity of your charges and your criminal history. Additionally, the judge will review your ties to the community to determine if you are a flight risk.
You may or may not go to jail on your first court date. This arraignment date is when the judge decides whether you qualify for bail or not.
In California, the first court appearance after bail and arraignment is normally your pretrial conference or preliminary hearing. Pretrial conferences are used for misdemeanor cases, while preliminary hearings are for felony cases.
When Will Your Trial Start?By working with a top-rated criminal defense attorney, you can learn more about the trial process. For a misdemeanor, your trial must start within 45 days of the arraignment or plea if you aren’t in custody. If you are in custody, Penal Code 1382 says your case must go to trial within 30 days.
For someone who has a felony charge, you must have a preliminary hearing within 10 court days after you have gone to arraignment or submitted your plea–whichever one is later. This can only be delayed if there is an exceptionally good reason. If this date is delayed, Penal Code 859b requires the preliminary hearing be held within 60 days. A court day is considered any day that the court is open.
Get Ready for Your First Court AppearanceThe new administration is coming down harder on immigration violations. Any felony conviction or an admission of guilt in a diversion can end up leading to your deportation. Because of the ongoing legal changes this year, you need all the help you can get to build your case.
To learn more about preparing for your first court appearance in a felony case, reach out to our team of lawyers today.
