We at ZLO are planning on a series of short articles explaining the process of a criminal proseuction and what clients can expect at each step as a resource to our clients and others facing prosecution in Western Wisconsin. Since the first step in most cases is an initial appearance, that is where we are starting.
Most criminal cases begin with an initial appearance. Although the name is fairly straightforward, not many people know what actually happens during their first interaction with the court system.
An initial appearance varies slightly depending on whether the charged offense is a felony or a misdemeanor, but in each case the judge will ask a client whether they have received a copy of the criminal complaint that charged the offense, ask if they want it read out loud, and advise on the charges and possible penalties. Unless a client has difficulties hearing or needs an interpreter, we typically do not ask for complaints to be read out loud in order to save time and spare our clients the indignity of having the allegations read for others in the courtroom. In a felony case the initial appearance ends there, with the case usually being scheduled for a preliminary hearing to determine whether there is probable cause to proceed to trial.
For a misdemeanor offense the judge will take the extra step of asking for a plea. Almost universally attorneys will advise clients to either plead not guilty or 'stand mute' which will result in the judge entering a not guilty plea on their behalf. There is no practical difference between the two and our attorneys will typically plead not guilty on a client's behalf. This plea triggers another important right: the right to substitute the assigned judge. In a misdemeanor case the right to ask for a different judge ends as soon as a plea is entered, which is why we talk to clients before the initial appearance to make sure that they do not want to exercise their right to judicial substitution before pleading not guilty.
Bond is also commonly addressed during an initial appearance, particularly when a client has been arrested and held in jail for a brief time before being charged. Less commonly, attorneys may file what is known as a "4-corners motion," or a motion to dismiss criminal charges and schedule it for the same time as the initial appearance. These motions allege that a criminal compaint does not state enough facts to believe a crime has been committed. Attorneys schedule 4-corners motions to coincide with initial appearances because the statute requires attorneys to object to deficient complaints by the initial appearance or a client could give up their right to challenge it.
The process may vary between jurisdicitions, but generally an initial appearance is a very brief court hearing that starts the process of a criminal prosecution.
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