What happens at the first court appearance?
If the tenant does not appear at the first appearance, the court will issue a judgement in favor of the landlord for return of the property and court costs. If the tenant appears but not the landlord, the court will dismiss the action. If both parties appear, the court will determine if the tenant wants to contest the case and have a trial. The parties may want to attempt a settlement. The free services of a trained mediator may be available to help the parties. If the landlord and tenant reach an agreement with the tenant agreeing to vacate the dwelling, the court will issue a judgement to that effect. If any other kind of settlement is reached, the court will approve the agreement and dismiss the case. If the tenant does not want to challenge the eviction, a judgement will be entered as requested by the landlord.
If charges are filed and the accused person is arrested, he or she will soon appear in court. The judge will set bond and advise the defendant of the charges against him or her and of his or her Constitutional Rights. The judge will then set another court date for the defendant. Victims and/or witnesses need not be present at the first court appearance.
The first hearing generally involves the appointment of counsel. You indicate who’s going to represent you: yourself, a private attorney, or a court-appointed lawyer. Also at the first hearing, you find out the charges against you, and respond by making a demurrer, or entering a plea. This part is called the arraignment. If you’ve been in jail up until court, the first hearing usually focuses on release issues: bail, bond or release on your own recognizance (OR). This part is called a bail hearing. Even if you’re not released the first time, the subject can be brought up at later hearings. The appointment of counsel, arraignment, and bail hearing can sometimes be separate appearances. Many people choose to waive the right to a speedy trial at this time, called “waiving time.” This is mainly done to have the most amount of time to plan your defense and build public support. What are the choices when it’s time to enter a plea? Pleas generally fall into two categories: guilty and not guil
Whether you are in or out of custody, your first court appearance after being charged with a crime is called the arraignment. You will be formally notified of the charges against you. Your lawyer will be provided a copy of the complaint, along with any discovery (police reports and documents related to the case).
