This is the first time a suspect appears in court. An Initial Appearance for a person in custody must be held within 24 hours of arrest. A Summons with the date and time of the initial appearance is sent to individuals not in custody.
Be aware that this initial appearance is not a trial. Contact our attorneys at Garcia Law Group, PLLC before your initial appearance to relieve some panic and stress. Do not let this initial appearance overwhelm you. Let us help you.
A felony charge is initiated by a complaint or an indictment. A prosecutor files a direct complaint in court, citing which crimes were allegedly committed. An indictment is issued by a Grand Jury.
The defendant is notified when criminally charged and informed when to appear for the next court date. A judge can issue an arrest warrant if information is presented to indicate the person will not voluntarily appear in court at the scheduled time.
A preliminary hearing is required when a felony case is initiated by a direct complaint. At this stage, evidence and witnesses are presented by the prosecutor to try to establish probable cause that the crime was committed and the defendant should stand trial.
A grand jury indictment is another method for initiating charges against a defendant . The grand jury, determines whether probable cause exists based on evidence presented by the prosecutor. Grand juror proceedings are secret and their actions become public only through the indictment, if one is granted.
This is a hearing where the defendant has the opportunity to enter a plea to the charges. The defendant can enter a “not guilty” or “guilty” plea.
In a criminal trial, the state must prove beyond a reasonable doubt that the defendant committed the crime.
If a defendant is found guilty, the judge sets a sentencing date within about 30 days. At a sentencing hearing, evidence can be presented to the judge by both the defense and the to help judge determine appropriate sentence.
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