what happens on your first court appearance with your attorney

Generally this first appearance is to set bail and/or enter a plea. If you really haven't had time to talk with your attorney at all, he should ask for an adjournment or at least to have "the case passed," meaning the judge will move on to the next matter and come back to you, so the Court isn't waiting.

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What happens at my first appearance in court?

Sep 26, 2019 · The short answer is yes: You may not waive your first appearance. However, your criminal defense attorney can appear in court on your behalf. Even if, for some reason, your first appearance doesn’t occur within 96 hours, this will generally not affect your trial. If you’re concerned that a procedural hiccup or late first appearance might impact your rights, speak …

What happens if you are arrested before your first appearance date?

Apr 07, 2015 · So what exactly happens at your first appearance date? Essentially, after hiring an attorney to defend your interests, such as one of the many trial-experienced lawyers at Aitken Robertson, they will attend on your behalf, file the designation of counsel form and officially go “on the record” as your legal counsel.

What does my attorney need to know at the beginning?

And hopefully you will have met with your attorney beforehand. If not, and you are meeting your attorney for the first time or awaiting an appointment of counsel, it is not terribly unusual. You don't need to rush to get out your whole story. Generally this …

What should I do if I am late for court?

With a better understanding of what generally happens during your initial appearance you should feel a bit more prepared. The initial appearance in a criminal case is formally known as an “arraignment”. In California you may actually have two arraignments with the second one taking place after the preliminary hearing. For your initial arraignment, the law requires the …

How to plead guilty to a crime?

Your attorney will be standing next to you. The charges are usually read aloud and you will be asked to enter a plea. You can plead: 1 Not Guilty, which means you are denying the charges against you and want a trial 2 Guilty, which means you admit all the charges against you, in which case you will be scheduled for sentencing 3 No Contest, which means that you do not plead guilty but are admitting that the facts are true in which case the judge will find you guilty and you will be sentenced as if you entered a guilty plea

What to expect at first court appearance in Wyoming?

During your initial meeting with your Wyoming criminal defense lawyer you probably went over what to expect at your first court appearance. When you arrive at court, look around for your lawyer. You’ll also need to check in with court personnel.

How to be calm in court?

Remain calm. It’s normal to feel nervous, but try to remain calm and level-headed. When your case is called, a court officer will direct you and your attorney to a microphone or a place where you will address the judge. Let your lawyer do most of the talking. Your first court appearance is the time when the court tells you what charges you are ...

What is the first court appearance?

Your first court appearance is the time when the court tells you what charges you are facing and advises you of your constitutional rights, and the time when you tell the court how you wish to plead. If you have hired an attorney you will usually plead Not Guilty, as this will give your attorney a chance to continue to investigate the case, ...

What does it mean to plead guilty in court?

You can plead: Not Guilty, which means you are denying the charges against you and want a trial. Guilty, which means you admit all the charges against you, in which case you will be scheduled for sentencing.

What is initial appearance?

Initial Appearance. The term "initial appearance," has a very specific meaning in some jurisdictions. So you may or may not technically be making an "initial appearance," but you will have a first appearance of some sort.

How to address a judge?

Addressing the Judge#N#Speak only when spoken to, and then preferably, "yes, your honor," "no, your honor," or "not guilty, your honor." Let your attorney do the rest unless the judge addresses you directly, which he may do to ask for a plea; to ask if you understand your rights; to ask if you are voluntarily waiving certain rights; or to ask if you wish to make a statement before sentencing. If you do speak, don't mumble, don't cover your mouth with your hand, speak clearly and into the microphone, (if there is one). And during your whole time at the defense table, keep your hands out of your lap. It makes the bailiff nervous and makes it seem as if you have something to hide.

Can you get tongue tied?

You may get dry mouth, also very common. You may get tongue tied or flustered. At which point, take a moment, take a deep breath and try and compose yourself. It is quite rare in my experience for a judge or court commissioner to get angry with a defendant who is merely scared or intimidated, but remains polite.

What are the conditions of bail?

Conditions of Bail#N#Be prepared for conditions of bail. These typically include: no contact with the alleged victim or witnesses; no further violations of the law, ( something we are all supposed to be doing anyway); possibly complete sobriety, especially if the charge involves drugs or alcohol; an alcohol assessment, (in those same types of cases); sometimes restrictions on driving; possible periodic, even daily reporting to some official; to an ankle bracelet linked to a phone or GPS. There could be others; the judge has wide leeway in setting conditions. Be sure that you understand all the conditions before you leave, so that you don't accidentally violate one and get yourself in further trouble.

Can you plead not guilty?

Your Plea, part 1#N#In all probability you will be pleading not guilty. There is almost never a reason to do differently. A not guilty plea can be changed to a guilty plea at any time very easily. In most jurisdictions a not guilty plea can later be changed to a not guilty by reason of mental disease or defect plea, (a so called NGI plea), at a later time, perhaps after the client is psychologically evaluated. However, the opposite is not true. It is often very difficult, sometimes impossible, to withdraw a guilty plea and plead not guilty. Besides why would you want to surrender without ever firing a shot or seeing what the other side has? If you plead guilty, it's over, you go to sentencing. Why not at least find out what the DA is offering? You almost always have literally nothing to lose. (Unless you are in custody now, are unsure if you will get released on bail and are certain that a guilty plea will result in a sentence requiring no further time served-a very rare occurrence).

What to say at sentencing?

Speaking at Sentencing, part 2#N#If you can not bring yourself to make a reasonable, respectful, short statement to the Court, then simply say, "I have nothing further to add your honor. My attorney has stated my case very well." That will at least do minimal damage. Judges like to see remorse and see defendants take responsibility. But words are cheap and fake words or emotions are usually transparent to the Court. Saying nothing or essentially nothing, as above, is not ideal but it is a whole lot better than making excuses, which will always hurt you.

What happens if you don't pay your fines?

If you plead guilty but don’t pay your fines, you will often have a warrant issued for your arrest and will often not be able to renew your driver’s license until resolving what you owe. See I Received a Ticket That I Won't Be Able to Pay and I Can't Renew My Driver's License.

What happens if you are found innocent?

You will be found innocent unless the jury or judge finds you guilty beyond a reasonable doubt. If you're innocent, you will not owe anything. If you’re found guilty and convicted, you’ll be ordered to pay fines and court costs, same as someone who pled guilty or no contest.

What are the rights of a defendant?

If you do not reach a plea agreement with the prosecution, the next step is a trial. Most jurisdictions offer similar rights for defendants going to trial: 1 A speedy trial, unless you waive that right 2 Trial by jury if you face potential prison time of six months or more 3 A bench trial (by a judge), if you prefer

What happens to the jury when they reach a verdict?

Jury deliberation happens outside the courtroom, but once the jury reaches a verdict, everyone returns to the court to hear it. The jury may find a defendant guilty or not guilty of all the charges, or guilty of only some charges. Depending on the judge's orders, it may also find a defendant guilty of a lesser crime, rather than the one charged.