LAW OFFICES OF PETER J. CYR

The first appearance in criminal court is either an initial appearance or an arraignment. 

Arraignment - If the charges consist of only misdemeanors (i.e., Class D or E crimes, with maximum punishments of less than one year of imprisonment), then there will be an arraignment during the first appearance in court; at the arraignment, the defendant is advised of the charge(s) and his or her constitutional rights and called on to enter a plea. In most cases, we advise our clients to plead not guilty at arraignment in order to allow us time to evaluate and investigate the evidence and to develop an effective defense strategy. At the arraignment, the court will also address other preliminary issues such as bail, defense counsel, and pretrial motion deadlines.

Initial Appearance - On the other hand, if there are any felonies (i.e., Class A, B, or C crimes, with maximum punishments of more than one year of imprisonment) among the charges, then the defendant will not be called on to enter a plea unless the grand jury has issued an indictment. (For felony charges, the law requires that a grand jury make a finding that there is probable cause to believe that a person committed a particular crime before the case can move forward in the criminal process.) If there is no indictment at the initial appearance, then the court will simply advise the defendant of the charge(s) and his or her constitutional rights and address other preliminary issues such as bail, defense counsel, and pretrial motion deadlines.

Probable Cause – In certain cases, at the initial appearance and/or arraignment, we will seek a determination by the court of whether there is probable cause to support the charges alleged; if there is not probable cause, or other grounds exist for dismissal, then we will argue that the court should dismiss the charge(s) or release the defendant on personal recognizance.