After you’ve been arrested for a crime, you will be required to appear before a judge, where you will be told—in a formal setting—of the charges brought against you. This first court appearance is also known as an arraignment, and it typically takes place around 48 hours after your arrest—though it may take place later if it’s delayed due to your arrest occurring on the weekend or during the holidays.

If you’ve recently been arrested, it is in your best interest to seek advice from a criminal defense lawyer before your arraignment.

Your first court appearance can significantly impact the rest of your trial. In this article, we’ll guide you through what to expect.

The Significance of the First Court Appearance

Also known as an initial appearance, an arraignment, or a presentment, the first court appearance is a significant step in the criminal justice process, necessary to ensure that you are informed of your constitutional rights and to ensure that you are not unconstitutionally detained.

You’ll also be required to enter a plea. It’s essential to get advice from a lawyer before entering your plea, as it may be possible to have your charges lowered, or your case dismissed. If you enter a guilty plea, you will waive your right to a jury trial, and the case will move on to the sentencing phase of the criminal justice process.

What Happens During the First Court Appearance?

During your first court appearance, you will officially be informed of the charges against you, ensuring you understand clearly what crimes you have been accused of. You will also be informed of your constitutional rights. If you do not have an attorney and cannot afford one, the court will offer to provide one for you.

You will then be expected to enter a plea—your formal response to the charges brought against you. If you plead not guilty, a date will be set for a future hearing, and the judge will determine your bail conditions and amount. You will remain in jail until the bail is paid in cash, or through a bail bond.

Arraignment Process

The arraignment process will begin with a reading of your rights, including your right to remain silent and your right to legal representation.

If you do not already have a defense attorney, you will be advised that one can be provided for you by the court.

The charges brought against you will be read aloud and explained so that you clearly understand what you are being accused of committing. This will include a presentation of key case details, such as the nature of the charges brought against you—for example, whether you’re facing a misdemeanor or a felony.

Presentation of Charges

The prosecutor will give a formal reading of the charges brought against you. They’ll provide the evidence and details of the crime leading up to your arrest—including probable cause for your arrest.

The case may be dismissed if there is insufficient evidence of probable cause for arrest—though this is very rare. On the other hand, if the judge is convinced that the prosecution’s case against you is substantiated, you will then be asked to respond to the charges, giving you the opportunity to enter a plea.

Plea Options

You can respond to the charges brought against you in three ways: guilty, not guilty, or nolo contendere.

If you plead guilty, you accept all responsibility for the crime, waive your right to a jury trial, and the process moves on to sentencing.

If you plead not guilty, the judge will set a date for a future hearing or trial, where you will have the chance to fight back against the charges.

A plea of nolo contendere (or no contest) is when you do not admit guilt but do not contest the charges, either. In other words, it’s implied that you admit to committing the offense but do not accept guilt.

Before entering a plea, your attorney may be able to negotiate a plea deal or agreement with the prosecution. In this case, you could agree to plead guilty. The charges would be lowered, or the sentence would be reduced in exchange for your cooperation.

Plea bargains may sometimes be the best option, but not always. Your criminal defense attorney may advise you to plead not guilty and fight for a dismissal—which would be a better outcome than accepting guilt for a lesser charge.

On the other hand, if there is substantial evidence against you, and a plea bargain could result in a more desirable outcome—for example, deferred adjudication—it may be the right option.

Every case is different, which is why you should consult a criminal defense lawyer as soon as possible after your arrest, preferably before your arraignment.

Preparing for the First Court Appearance

It’s normal to feel nervous about your first court appearance, but there are things you can do to help you feel more prepared.

Gathering Necessary Documents

Begin by making sure you have any necessary documentation with you. This could include everything from identification to notes and medical documents (if relevant). If possible, make sure your attorney has all of your paperwork in advance, too.

Consultation with an Attorney

You don’t have to speak to an attorney before your first court appearance, but doing so can significantly improve your chances of a good outcome. If you have open and honest consultations with your attorney before your first court appearance, you can then confidently enter your plea, knowing it’s your best option. If, after your consultation, you have both agreed that a plea agreement would be beneficial, your attorney can help you achieve this.

Dress Code

Your appearance, particularly how you dress, will make a difference in how your first court appearance goes. You can be asked to leave the courtroom if you are dressed inappropriately.

Decide what you will wear in advance of the day of your first court appearance. Opt for something professional but conservative—but to avoid uncomfortable fidgeting, make sure the clothes fit you well.

Avoid wearing:

• Shorts
• Halter or tube tops
• Translucent tops
• Flip flops
• Torn jeans
• Clothes that expose underwear
• Clothes that have emblems, profanity, or promote illegal activity

Finally, make sure you arrive on time. You can visit the courthouse the day before to make sure you know where you can park, where you need to be, and what to expect.

Understanding Your Rights

Under the 5th and 6th Amendments, the Constitutional rights of the accused guarantee several rights to individuals going through the criminal justice process. It’s important to understand all of them so you can quickly recognize if your rights haven’t been respected.

• Your Right to Counsel – 6^th Amendment: Anyone accused of a crime is entitled to legal representation by an attorney. If you can’t afford one, the State must offer to provide one for you.
• Your Right to Due Process – 5^th Amendment: You have the right to a prompt and public trial. The State cannot unreasonably prolong or drag out your case, nor can they handle it entirely behind closed doors. 
• Your Right to Avoid Self-incrimination – 5^th Amendment: Commonly referred to as “pleading the 5^th,” the 5^th Amendment gives you the right to avoid self-incrimination by providing the State with a testimony you believe may be used against you. You have the right to remain silent, and your silence cannot be used as evidence of guilt.
• Your Right to A Jury Trial – 6^th Amendment: You have the right to have your case decided by an impartial jury. If you plead not guilty, your case will go to trial. However, you lose your right to a jury trial if you plead guilty.
• Authority to Summon Witnesses – 6^th Amendment: The Sixth Amendment gives you the right to summon witnesses in support of your case.  
• Your Right to Confront Witnesses – 6^th Amendment: You have the right to confront the witnesses who have testified against you. You’ll be provided with all the evidence, including testimonies, and given the opportunity to cross-examine the witnesses and challenge the evidence.

Possible Outcomes After the First Court Appearance

The outcome of your first court appearance will depend on which plea you enter. If you plead guilty, the judge will schedule your sentencing.

If you plead not guilty, a future date will be set for a trial. At this point, the judge will also set the bail amount—if it hasn’t already been determined. You will be sent back to jail unless the bail is posted.

If you are released on bail, you must be prepared to stick to the conditions of your bail, which includes showing up for future hearings and trials. Other conditions may be set out depending on the judge’s perceived risk of flight or risk to the public.

Another outcome could arise from a plea agreement between your attorney and the prosecution. In this case, you may enter a plea of nolo contendere in exchange for an agreed lesser charge or deferred adjudication (community supervision).

Legal Assistance and Counsel for First Court Appearance

Ideally, you should speak to a lawyer before your first court appearance. If you’ve hired one, they will stand beside you during your first court appearance and do most of the talking. They’ll brief you before going to court so you know what to say and when to say it.

If you can’t afford to hire an attorney, ask for one during your first court appearance. The judge may still allow you to speak to your court-appointed attorney before you enter your plea.

FAQs About the First Court Appearance

What Should I Bring for My First Court Appearance?

You should bring relevant documentation, including your notes, medical documents, and identification. It’s also a good idea to make copies of everything to give to the court. You should also consider bringing a notepad, a pen, and a water bottle.

Can I Represent Myself in Court?

You can represent yourself in court. However, it’s in your best interest to hire a defense attorney. They can give you guidance and fight for the best possible outcome available to you.

What Happens During the First Appearance of a Criminal Case?

During the first appearance of a criminal case, you will be informed of your rights, as well as the charges brought against you. You will be asked to enter a plea, and your release or bail conditions will be determined.

How Is the Initial Appearance Defined in the Field of Criminal Justice?

The initial appearance is a hearing that takes place soon after the accused has been arrested and charged. It’s an essential step in the criminal justice system that ensures the defendant is aware of their constitutional rights and clear about the crimes they are being accused of committing.