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What is an Initial Appearance?

The initial appearance before a U.S. Magistrate Judge is in most cases the defendant’s first contact with the Court and usually is the point where pretrial release or detention is addressed. An initial appearance will occur in one of the following situations:

  • an arrest on a warrant issued on a complaint an appearance on a summons issued in lieu of a warrant an arrest by an officer without a warrant (in which case the complaint is issued immediately by the U.S. Magistrate Judge) an arrest on a warrant issued following the return of an indictment of the Grand Jury an information is filed by the U.S. Attorney an appearance on a citation or violation notice in a misdemeanor offense
  • an appearance in response to an informal agreement between the U.S. Attorney and Defense Counsel

The defendant will be read the charges being filed or the complaint against them during the initial appearance. Additionally, they will be provided a copy of the charges. The Court will determine if there is a need for an appointed attorney at this time.

Type: 
Pretrial Services
Pretrial SubType: 
Court Proceedings