Definition of initial appearance in English English dictionary
Within some criminal justice systems, a preliminary hearing (evidentiary hearing, often abbreviated verbally as a "prelim") is a proceeding, after a criminal complaint has been filed by the prosecutor, to determine whether, and to what extent, criminal charges and civil cause of actions will be heard (by a court), what evidence will be admitted, and what else must be done (before a case can proceed). Such a hearing is initial appearance of the criminal
a court hearing with 24 hours of a person's arrest at which time a Judge determines if the person may be released on personal recognizance or by bond and setting a time for a preliminary hearing in felony cases or arraignment in misdemeanor cases
The defendant's first appearance in court at which he or she is informed of the charges A plea may be entered and bail set In some cases, the defendant may only be advised of his or her rights and the steps in the judicial process, and assigned counsel if necessary
In criminal law, the hearing at which a judge determines whether there is sufficient evidence against a person charged with a crime to hold him or her for trial The Constitution bans secret accusations, so initial appearances are public unless the defendant asks otherwise; the accused must be present, though he or she usually does not offer evidence Also called first appearance
The defendant comes before a judge within hours of the arrest to determine whether or not there is probable cause for his or her arrest
The Federal Rules of Criminal Procedure require that following an arrest, the defendant be taken before the nearest available magistrate judge without unnecessary delay At the initial appearance, the magistrate judge informs the defendant of the nature of the charges The defendant is also informed of the right to counsel, the right to remain silent, and the right to have a preliminary examination After informing the defendant of these rights, the magistrate judge decides whether to release or detain the defendant