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Initial Appearance

The first chance an accused person will have to go to court is called an Initial Appearance. 

This Initial Appearance is supposed to happen within 48 hours of arrest. The first appearance in federal court is before a federal magistrate judge. 

The Initial Appearance will be quick. At that appearance, the magistrate judge will first ask the defendant if he intends to retain a private attorney. If the defendant says that he cannot afford an attorney, the magistrate judge will inquire as to his assets and finances. If the magistrate judge finds that the person qualifies for a court appointed attorney, then the magistrate judge will appoint an attorney from the Federal Defender’s Office to represent the defendant. Sometimes the Federal Defender’s Office has a conflict of interest. In those cases, the federal magistrate judge will appoint a court-paid private attorney (or “CJA Attorney”) to represent the defendant in the case.

Also at the initial appearance, the accused will receive a copy of the charge against him and/or have the charges read to him in open court. If an interpreter is needed, one will be provided by the court.

Image by Mick Haupt
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