Your first appearance in front of a judge—typically within 48 to 72 hours of arrest, depending on whether there was a warrant.

The judge will:

• Inform you of the charges

• Explain your Miranda rights

• Advise you on your right to an attorney and see if you qualify for  court-appointed counsel

• Set bail unless the charge is one where bail can only be set by a Superior Court judge

• Explain your right to a preliminary hearing

Notify you of your right to grand jury indictment in felony cases

If you don’t appear before the judge within the required time, your attorney may petition for your release from custody.

Bail operates to ensure a defendant appears for future court appearances.  If bail is initially denied, an experienced attorney should request that the court schedule a hearing to address the issue of setting a bond for the defendant.  The factors a judge will consider when setting bail are whether you:

• Pose a flight risk

• Are a danger to the community

• May commit another felony while out on bond

• May intimidate witnesses or obstruct justice

The judge will also consider:

• Your financial resources & obligations

• Your employment status

• Whether a less restrictive form of release is appropriate

Even if bail is denied, you may qualify for release after 90 days if the prosecutor does not file formal charges.

The preliminary hearing is your first opportunity to challenge the prosecution’s case.  In the hearing, the judge is not concerned with whether or not the defendant is guilty of the offense they are charged with under a 'beyond a reasonable doubt’ burden of proof standard.  The court's role is simply to determine if there is sufficient evidence to suspect the defendant's guilt and to require them to appear and answer the charges at a future date.  It should be noted that in most circumstances, posting bond waives a defendant’s right to have a preliminary hearing.

At a preliminary hearing, the State must prove the following:

1. Whether a crime occurred, and

2. Whether there is probable cause that the defendant committed it.

In the criminal justice system, the term “probable cause” in this context simply means that it is more likely than not that a crime was committed and the defendant committed it.

If the court finds no probable cause, the case will be dismissed.  However, even if the case is not dismissed, a preliminary hearing will often elicit valuable testimony or other evidence that can strengthen your position in a bond hearing and can positively impact negotiations with the prosecutor in the future.