What's An Initial Appearance In Court

in #legal6 years ago


Probably the most important thing that is going to happen at your Initial Appearance is that release conditions will be set. This is very important because it's about whether you are going to be in or out of jail at the time. This would be a good time to have an attorney at your Initial Appearance arguing for the best possible release for you. Preferably an OR release which means you are released on your own recognizance with no bond or if that's not possible arguing for a low bond. You could also be released to pre-trial services, which is sort of like a probation type of release.

If it's a bond, an attorney will argue for the least onerous bond and hopefully, be an unsecured bond, which means you promise to show up in court or be responsible for paying the bond amount. But, there are also secured bonds which means you will be using a Bondsman to secure your bond. In these types of bonds, generally, the bonding company will take 10% of the bond as their fee for that bond. These bonds are secured by some type of property that is worth the amount of the bond being posted. Sometimes, it might also be a cash only bond, which means you will not be able to use a bail bondsman, and you would have to come up wit the entire amount of the bond yourself. A good defense attorney will make the best argument for you so that your bond (if any) will be the least onerous amount to insure your appearance in court.

Another part of the Initial Appearance will involve whether you will be using a private attorney or a court-appointed attorney to represent you. Hiring an attorney before the Initial Appearance could mean the difference of whether you are released or not. An experienced attorney will have worked on your release conditions before you appear in court. This is why having an attorney is very important.


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