While each state has a different set of State Court rules & State Courts and Federal Courts are vastly different; this abbreviated walk-through is a mini guide to help anyone accused of a "STATE" Court crime, maneuver the basic stages,. This is not intended to substitute or take the place of any advice provided to you by your own attorney or by the Judge. Additionally, this does not replace the advice and knowledge you will benefit from by retaining the very best criminal defense attorney to represent your rights.
It is not uncommon for someone completely unfamiliar with the Judicial Court System to find him/herself in the unfortunate predicament of facing criminal charges, the best action you can take to protect yourself, your rights and your family is to immediately retain an experienced, skilled and reputable criminal defense "trial" attorney in your area. If however, you learn that your first court appearance is set for, let's say tomorrow, this will get you through the day. If time is limited, do not waste it by hiring the first attorney whose name you run across in the yellow pages or the first lawyer you see plastered to the side of the city bus.
This is merely information. It is not intended in any way to act as a substitute for having an attorney. It does not create a client/attorney relationship between the author and the reader. You are not protected or covered by any of the client/attorney privileges or confidentiality agreements.
For now, let's see if we can get you through you first day in court, assuming you did not prepare ahead of time by retaining an attorney. You do not want to make this choice while under the gun and under time restraints. While not recommended as a repeat course of action; you can get through one day of court.
- If you are charged with a misdemeanor you may be arrested or in some cases the officer can at his discretion issued you a notice or summons to appear.
- If you are arrested on a misdemeanor charge, chances are the bond will be set by schedule (for everyone charged with this offense) and it is relatively simple to bond out
- If you are arrested on a felony charge you will have to have the judge set you bond before you can bail out of jail. In almost all cases (excluding murder and some drug offenses) a person is entitled to a reasonable bail.
- Bail is to ensure that you appear in court and do not flee
- Whether you are released on bail or on your on recognizance it is imperative that you appear n court when you are scheduled-failure to do so will result in additional sanctions and/or charges
- If you are arrested on a felony you have the right to be taken before a judge (or via camera)within 72 hours of your arrest and be informed of the charges against you, your right to an attorney and usually a judge will set bail at this time if not already set.
- * We will discuss how to make bail in another post, for purposes of this post we will attempt to get you through your first day of court
- Your first appearance is called an arraignment. The judge will read you the formal charges against you and inform you of your rights and ask you how you wish to plea
- If you do not remember anything else-remember this-Play it safe. Enter a plea of NOT GUILTY, the arraignment is never a good time to enter a pea of guilty even if you intend to, you need time for an experienced attorney to review your case, there may be grounds for dismissal-lack of probable cause etc. or there may be mitigating circumstances. Only an attorney can review the discovery by the state and find the errors; you are not qualified to
- Make sure to arrive on time or early for your court date
- Be prepared to wait all day for your case to be called; do not get impatient
- Make sure that you dress appropriately. This is the first impression you will make on the Judge and you do not want to blow it
- Do not wear any piercings, facial, tongue, etc
- Cover all tattoos with clothing
- Do not chew gum
- Do not talk while court is in session
- Do not step outside to go to the restroom without alerting the bailiff. Your case could be called and a bench warrant will be issued
- Be respectful to the Judge and court staff. Always stand when speaking to the judge
- Refer to the Judge as your Honor. Never interrupt the Judge
- Do not argue with the judge
- Be prepared to answer personal and perhaps embarrassing questions
- Your goal is to make a decent impression, enter your plea of NOT GUILTY and get our of there and start doing your research to hire an attorney
Make sure you never make the mistake again of needing to appear in court without an attorney
