Understanding the purpose and process of initial appearances in Oklahoma.
Understanding the Purpose and Process of Initial Appearances
This is Wagoner Attorney Stuart Ericson. Today we are talking about after an arrest, your first criminal court appearance, is called an initial appearance. Some people call it an arraignment, but that’s the first time you go to court. Usually, you’ve already bonded out and you show up for the first time.
Most people don’t have an attorney by that point, of course, some do, then the judge will ask if you’ve hired a private attorney or not. If you say no, they’ll usually give you approximately 30 days and they will reset it and tell you to come back with an attorney, especially for misdemeanors and felonies, and they may pass it one more time.
Ultimately they do like to say, you know, if you don’t have an attorney, they’ll revoke your bond, put you back in jail, and appoint a public defender for you. Now, you know, I don’t think that’s right. I think in America you are allowed to defend yourself. I think anybody that wants to defend themselves should state it loud and clear to the judge. There is a hearing for that, and it should be allowed. I know most people in the system don’t like that because it makes things harder, more difficult because usually representing yourself you don’t know what you’re doing, but I still think you have a right to do it.
Why Should You Consider Hiring an Attorney?
I think it’s to everybody’s advantage to hire an attorney for criminal cases because there are such consequences to being criminally charged. The initial appearance is your first court appearance. They want to see if you have a judge or a private attorney, and then they will set you up appropriately. If it’s a misdemeanor, they’ll usually set it on a sounding docket, at which point in time you’ll get your plea rec, and then you decide, do I want to take a plea or take this to trial?
For a felony case, they’ll either set it for a preliminary hearing or a preliminary hearing sounding type docket or a conference, where again, you should get the plea recommendation from the DA’s office to discuss, and then you either ask for a preliminary hearing or you get it in the process just to set a plea and accomplish a plea. The initial appearance is kind of to get the ball rolling, to make sure who’s involved, and to get the case on the right track.
Get the Legal Guidance You Need
If you have any questions upon an arrest and how the process goes and what to do from the beginning, reach out to me at wagonerlawyer.com. I’m Oklahoma criminal defense lawyer Stuart Ericson and I’m here to help you navigate the legal system and protect your rights.
