Initial Hearings – Criminal Attorneys, Criminal Lawyers

Having a Criminal Attorney at the Initial Hearing Helps

In several jurisdictions, the bail or other pretrial release conditions are decided at the initial hearing, particularly for misdemeanors. Having a criminal defense attorney present with you can help you make a good impression on those deciding on these matters. Your bail may end up being quite a bit lower, or you may even be released without having to pay money or put up any collateral. Even if the pretrial release conditions are not decided upon at this hearing but instead scheduled for the Bail Hearing or Arraignment, it’s still a good idea to have a criminal lawyer present with you. The earlier you retain an attorney, the earlier you can start formulating your defense.

Initial Hearing Prosecution and Pretrial Services

A suspect charged with a crime must be taken before a judge or magistrate without unnecessary delay. At the initial appearance, the judge or magistrate informs the accused of the charges and decides whether there is probable cause to detain the accused person. If the offense is not very serious (a misdemeanor), the determination of guilt and assessment of a penalty (sentencing) may also occur at this stage.

Often, the defense counsel is also assigned at the initial appearance, but may be assigned at the arraignment. All suspects prosecuted for serious crimes have a right to be represented by an attorney. If the court determines the suspect is indigent and cannot afford such representation, the court will assign counsel at the public’s expense.

A pretrial release decision may be made at the initial appearance, but may occur at the bail hearing or may be changed at another time during the process. Pretrial release and bail were traditionally intended to ensure that the defendant made all scheduled court appearances, including the trial. However, many jurisdictions permit pretrial detention of defendants accused of serious offenses and deemed to be dangerous to prevent them from committing crimes prior to trial, as well as those the court considers to be a flight risk.

The court often bases its pretrial decision on information about the defendant’s drug use, as well as residence, employment, and family ties. The court may decide to release the accused on his/her own recognizance or into the custody of a third party after the posting of a financial bond or on the promise of satisfying certain conditions such as taking periodic drug tests to ensure drug abstinence.