THE FIRST APPEARANCE
The First Appearance is one of the most important stages of a criminal matter. It is crucial that you have an Experienced Criminal Defense Attorney by your side.
Prior to the First Appearance
Generally, in the State of New Jersey, the criminal process begins with either an arrest on a Warrant Complaint or the issuance of a Complaint Summons. The distinction is crucial and determines how the accused is processed through the initial stages of the criminal justice system.
If law enforcement issues only a Complaint Summons to an accused, the accused is released on their own recognizance, commonly known as “ROR,” until the scheduled First Appearance or Central Judicial Processing date. An accused released on Complaint Summons will have their First Appearance no later than sixty (60) days following the issuance of the Complaint Summons or their arrest.
However, when law enforcement arrests the accused on a Warrant Complaint or does not release the accused on a Complaint Summons, the accused must be taken into custody and detained at the County Jail. New Jersey law mandates that a detained accused must be brough before a Superior Court Judge for their First Appearance no later than forty-eight (48) hours following their arrest.
Prior to the First Appearance, the prosecutor may file for the pretrial detention of the detained accused based upon the charges in the Complaint or the accused’s Public Safety Assessment (“PSA”). If the prosecutor files a motion for pretrial detention, the First Appearance carries and occurs within three (3) days.
The First Appearance
The First Appearance, also known as Central Judicial Processing, is the accused’s first time before a Judge. The Judge will read the Complaint into the record and generally ask the accused to enter a plea. At the First Appearance, the Right to Counsel also attaches so the Judge will inform the accused of the right to be represented by a Public Defender or a Private Attorney.
If the accused is detained, the Judge will then hear arguments by the prosecutor representing the State of New Jersey and either the Public Defender or private attorney as to whether the accused should be detained prior to trial or released and if released on what conditions.
The Judge will inform the accused of the following:
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Give the accused a copy of the Complaint and inform the accused of the charge;
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Inform the accused of the right to remain silent and that any statement be used against the accused;
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Inform the accused of the right to retain counsel and, if indigent, the right to be represented by a Public Defender;
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Ask the accused specifically whether he or she wants counsel and record the accused’s response;
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Provide the accused who asserts indigence with an application for a Public Defender;
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Inform the accused about Pretrial Intervention;
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Inform the accused about Drug Court;
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Inform the accused about his or her right to hearing as to probable cause and right to an indictment by the Grand Jury and trial by jury.
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Set conditions of pretrial release.
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Schedule a pre-indictment conference to occur no later than forty-five (45) days after the date of the First Appearance.
Why is the First Appearance Important?
The First Appearance is a critical stage of the criminal process. It is the accused’s initial exposure to the criminal justice system and the first time the Right to Counsel attaches.
Experienced criminal defense attorneys can use the First Appearance to negotiate with the prosecutor to downgrade the criminal matter back to the Municipal Court or, at the least, to secure the pretrial release of the accused.
Why you need an Experienced Criminal Defense Attorney at the First Appearance?
Experienced criminal defense attorneys are crucial for the First Appearance. An experienced criminal defense attorney will provide you with the best opportunity to have your charges downgraded at the First Appearance or to secure your pretrial release. Additionally, the First Appearance is a prime opportunity where an experienced criminal defense attorney will gauge the State’s case and then devise the best strategy to help you secure a favorable resolution.
The team at Karpus Law is here to help you in this difficult time. We provide diligent and compassionate criminal defense representation throughout New Jersey. To schedule a free consultation, call (973) 645-9453.