What to Expect at Initial Appearances and Arraignments in Federal Court
What to Expect at Initial Appearances and Arraignments in Federal Court
If you’ve been arrested on federal charges or received a summons to appear in federal court, you’ll go through a couple of early proceedings to kick off the case against you. This stuff can be really intimidating and confusing if you don’t know what to expect. I’ll walk through the basics so you have an idea of what’s coming.## Initial Appearance
After getting arrested, the first time you go to court is called the initial appearance. It usually happens pretty quickly – within 24 to 48 hours after your arrest.
Here’s what goes down:
- The judge formally tells you about the charges against you and explains your rights, like your right to remain silent and to have an attorney represent you. Pay attention so you understand your situation.
- If you can’t afford a lawyer, which is common, you can ask the judge to appoint a federal public defender to represent you for free. Take them up on it – having a lawyer is clutch.
- The judge decides if you should be released while your case moves forward, or if you need to stay locked up. To make this decision, they look at stuff like:
- The seriousness of the alleged crime
- Your prior record
- If you’re considered a flight risk or a danger
- If you’re released, you’ll likely have conditions like:
- Avoiding contact with certain people
- Staying in the area
- Regular check-ins with pretrial services
Breaking the rules could land you back behind bars, so heads up.
- Finally, the judge sets a date for your arraignment.
So in a nutshell – at the initial appearance they tell you the charges, get you a lawyer if you need one, decide if you should be released or detained, and pick an arraignment date.## Arraignment
The arraignment is when you’re formally charged and enter a plea before the court. It’s kinda like the kickoff to your criminal case.
Here’s how it shakes out:
- The charges against you are read out in open court. Pay attention and talk to your lawyer if you have questions.
- Since it’s a federal case, the charges will allege you broke some federal law – not a state law or local ordinance. Common examples are federal drug crimes, fraud, weapons charges, etc.
- After hearing the charges, the judge asks you to enter a plea of guilty, not guilty or no contest. Nine times out of ten it’ll be not guilty at this point.
- Your lawyer can also challenge the sufficiency or clarity of the charges at this stage. Like if the language is kinda vague.
- The judge then goes over your pretrial release situation again. Often the conditions set at the initial appearance just carry over. But new info could change things.
- Finally, the next court dates are set to keep the case moving – things like motion and status hearings, plea cutoff dates, and eventually the trial if it comes to that.
So at the arraignment, you’re formally charged, enter a plea, address pretrial release, and look ahead at the timeline. After that, the real legal skirmishes begin as your lawyer starts filing motions and negotiating with the prosecution.## What Happens Next?
Christine Twomey
2024-03-21
Just had my Divorce case settled 2 months ago after having a horrible experience with another firm. I couldn’t be happier with Claire Banks and Elizabeth Garvey with their outstanding professionalism in doing so with Spodek Law Group. Any time I needed questions answered they were always prompt in doing so with all my uncertainties after 30 yrs of marriage.I feel from the bottom of my heart you will NOT be disappointed with either one. Thanks a million.
Brendan huisman
2024-03-18
Alex Zhik contacted me almost immediately when I reached out to Spodek for a consultation and was able to effectively communicate the path forward/consequences of my legal issue. I immediately agreed to hire Alex for his services and did not regret my choice. He was able to cover my case in court (with 1 day notice) and not only was he able to push my case down, he carefully negotiated a dismissal of the charge altogether. I highly recommend Spodek, and more specifically, Alex Zhik for all of your legal issues. Thanks guys!
Guerline Menard
2024-03-18
Thanks again Spodek law firm, particularly Esq Claire Banks who stood right there with us up to the finish line. Attached photos taken right outside of the court building and the smile on our faces represented victory, a breath of fresh air and satisfaction. We are very happy that this is over and we can move on with our lives. Thanks Spodek law 🙏🏼🙏🏼🙏🏼🙏🏼🙌🏼❤️
Keisha Parris
2024-03-15
Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.
Taïko Beauty
2024-03-15
I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence.
Thank you team!
Anthony Williams
2024-03-12
Hey, how you guys doing? Good afternoon my name is Anthony Williams I just want to give a great shout out to the team of. Spodek law group. It is such a honor to use them and to use their assistance through this whole case from start to finish. They did everything that they said they was gonna do and if it ever comes down to it, if I ever have to use them again, hands-down they will be the first law office at the top of my list, thank you guys so much. It was a pleasure having you guys by my side so if you guys ever need them, do not hesitate to pick up the phone and give them a call.
Loveth Okpedo
2024-03-12
Very professional, very transparent, over all a great experience
Bee L
2024-02-28
Amazing experience with Spodek! Very professional lawyers who take your case seriously. They treated me with respect, were always available, and answered any and all questions. They were able to help me very successfully and removed a huge stress. Highly recommend.
divesh patel
2024-02-24
I can't recommend Alex Zhik and Spodek Law Firm highly enough for their exceptional legal representation and personal mentorship. From the moment I engaged their services in October 2022, Alex took the time to understand my case thoroughly and provided guidance every step of the way.
Alex's dedication to my case went above and beyond my expectations. His expertise, attention to detail, and commitment to achieving the best possible outcome were evident throughout the entire process. He took the time to mentor me, ensuring I understood the legal complexities involved to make informed decisions. Alex is the kind of guy you would want to have a beer with and has made a meaningful impact on me.
I also want to acknowledge Todd Spodek, the leader of the firm, who played a crucial role in my case. His leadership and support bolstered the efforts of Alex, and his involvement highlighted the firm's commitment to excellence.
Thanks to Alex Zhik and Todd Spodek, I achieved the outcome I desired, and I am incredibly grateful for their professionalism, expertise, and genuine care. If you're in need of legal representation, look no further than this outstanding team.
Once you get past the initial and arraignment stages, the case picks up steam:
- Your lawyer will file motions trying to get charges dismissed or evidence thrown out. The judge rules on them at motion hearings.
- Plea negotiations happen behind the scenes. Most federal cases end in a plea deal rather than trial. Deals often come with a sentencing recommendation.
- Leading up to trial, there are status conferences so the judge can check in on case progress. There may be more detention hearings too.
- During this stretch, your defense lawyer is also interviewing witnesses, examining evidence, researching legal issues, and gameplanning for trial.
- If no deal is reached, the trial date arrives. Then it’s time to pick a jury and have both sides present evidence and testimony.
- After the trial concludes, the jury decides if you’re guilty or not guilty. If found guilty, the judge sentences you later on.
I know that probably sounds like a lot! Having an experienced federal defense lawyer to guide you through is crucial. But hopefully this gives you a better idea of how the early stages go and what happens after. Let me know if you have any other questions!