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What Happens at Initial Appearance in a Federal Criminal Case?

Posted by Hedding Law Firm | Jan 12, 2021

Typically, when somebody gets arrested, especially here in the Central District, Los Angeles and that area, someone is going to be taken into the court.

I've seen the arrests made early in the morning, and then the person makes the 2:00 calendar in the federal court, at which time they'll be given what charges they're being accused of and have an opportunity to speak to their attorney.

It's crucial to act swiftly if a loved one has been arrested by federal authorities. The first step is to secure legal representation. Don't hesitate-pick up the phone and call my office immediately.

Usually, once I get retained, I can contact the court pretty quickly, let them know I'm going to be on the case, and obviously be available to make the federal initial appearance.

Federal Indictment and Conditions for Release

Sometimes, the indictment will have been filed; sometimes, it won't have been filed, so we have to deal with that. If there's an indictment, the person will be given a copy and given a chance to go over the indictment with their attorney.

What Happens at Initial Court Appearance in a Federal Criminal Case?

Another thing I see being done is that pre-trial services will weigh in on whether or not there are some conditions for releasing the person from custody while their case is pending.

The prosecutors will weigh in on that as well, and they will give their position to the judge and the defense attorney as to whether or not they think the defendant should be:

  • detained, or
  • released, and
  • what conditions can they be released on?

That's usually decided right at the beginning of the case. The probation department generates a report stating whether it thinks the person should be released.

Signature Bond vs. Property Bond

If they think the person should be released, under what terms?  In other words, should it be a signature bond or a property bond?

How is the judge going to let that person go and assure the prosecutors and the system that the person will show up again at the next court appearance?

So that's going to be argued. Obviously, you want your attorney, whom you've retained from the beginning, there.

So, if you're a loved one trying to find an attorney, now is the time to get one because once that bond is set, it's very difficult to change it.

Setting Bail for Release From Custody

Certainly, you can file a motion for reconsideration with the judge or magistrate who sets the bail.  You can also argue to the judge who the case is appointed to that:

  • Do you want a lower bail, or
  • if the person is detained and not able to get out, that you think they should be able to get out?

But it's much easier to get it done right the first time and get the person out than to struggle to get it done after some sort of bond conditions have been set or the person has simply been detained.

For example, because they're facing a mandatory minimum sentence and the judge feels that they're a flight risk or maybe they have other criminal matters pending or prior convictions, whatever the case may be. So, at that initial appearance, a lot of important stuff is happening:

  • number one, they're deciding whether or not your loved one is going to get out of custody while the case is pending, which is huge;
  • number two, the person is finding out their charges and who the prosecutor is.

A lot of times, they will continue it to another hearing to assign the judge. But in those initial appearances, the first or second appearance, the person is going to be assigned who their judge is.

Criminal Defense Attorney for Federal Crimes

Criminal Defense Attorney for Federal Crimes
Call our law firm to review the details of your case.

You want to have your attorney there to deal with any rules that particular judge might have and to try to get you out of custody.

Also, to meet the prosecutor to find out what the charges are and to start moving the case in a positive direction in your favor right from the beginning.

The initial court appearance in a federal case is a pivotal moment.  Having your attorney present is not just important; it's crucial.  Your attorney should be fully prepared with all the necessary information and ready to argue on your behalf.

With nearly 30 years of experience, I've handled numerous federal cases.  If you or a loved one is facing a federal case and an initial appearance is coming up, don't hesitate to reach out.  Ask to speak to Ron Hedding. I'm here to help.

As a firm, we understand the urgency of federal cases. We are committed to providing immediate legal assistance, whether it's over the phone or in person. Our goal is to get your case moving in the right direction as soon as possible.

Hedding Law Firm is a criminal defense law firm located in Los Angeles County at 16000 Ventura Blvd #1208 Encino, CA 91436.

We serve people in California and throughout the United States, including Nevada, Texas, Arizona, Washington, Oregon, Montana, and Utah.

Contact us for a free case evaluation at (213) 542-0994.

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Hedding Law Firm is committed to answering your questions about Federal Criminal Defense issues in Los Angeles and Encino California. We'll gladly discuss your case with you at your convenience. Contact us today to schedule an appointment.

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