An initial appearance is often the first time someone charged with a crime appears before a judge in. The hearing may be short, but what happens there can affect whether you remain in custody, the conditions you must follow after release, and what happens next in your criminal case.
The court will address the charges against you and certain procedural rights. Depending on the case, bail and conditions of release may also be addressed. This is one reason it can be valuable to have a criminal defense attorney involved from the beginning rather than waiting until later in the case.
If you have an upcoming initial appearance in Waukesha or Milwaukee, The Singleton Law Firm can review the charges and begin preparing for the hearing before you walk into court.
What Is an Initial Appearance in Wisconsin?
The initial appearance is an early stage of a criminal case. Among other requirements, the judge informs the defendant of the charge and provides a copy of the criminal complaint. For felony charges, the court must also personally inform the defendant of the possible penalties.
This is not typically the trial, and the State does not have to prove the entire criminal case at the initial appearance. That does not make the hearing unimportant. Issues addressed at this stage can have an immediate effect on your life while the case is pending.
Will Bail Be Set at My Initial Appearance?
Bail and release conditions are often among the biggest concerns for someone going to court for the first time.
Wisconsin generally uses monetary bail to address the risk that a defendant will not appear in court. The court can also impose nonmonetary conditions designed to protect members of the community from serious bodily harm or prevent witness intimidation.
Depending on the allegations and circumstances, release conditions could affect where you can go, whom you can contact, whether you can possess firearms, or other aspects of your daily life.
For someone who has been arrested and remains in custody, the immediate question may be whether they can return home while the case proceeds. For someone who is already out of custody, the conditions imposed by the court can still have significant practical consequences.
Why Should I Have a Criminal Defense Lawyer at My Initial Appearance?
A lawyer's role is not simply to stand next to you when your name is called.
Before the hearing, your attorney can review the criminal complaint, discuss the allegations with you, identify immediate issues that need attention, and prepare to address bail or release conditions when appropriate. That can be especially important when a proposed condition could interfere with your job, housing, family responsibilities, or ability to communicate with certain people.
There is another reason to get counsel involved early: the initial appearance is the beginning of the defense, not the end of it. Your attorney can start evaluating the allegations and planning the next stages of the case rather than trying to catch up after multiple court appearances have already occurred.
Should I Talk About What Happened at My Initial Appearance?
Your initial appearance is generally not the place to try to convince the judge that you did not commit the crime.
A person facing criminal charges may understandably want to explain what happened, correct something they believe is wrong, or tell the court their side of the story. Making unnecessary statements about the underlying allegations can create problems. Having an attorney with you gives you someone who knows what needs to be addressed at that hearing and what issues are better handled later.
What Happens After an Initial Appearance?
What comes next depends in part on whether you are facing a misdemeanor or felony. A misdemeanor case generally proceeds through additional pretrial stages toward a resolution or trial. A felony case has additional procedures, which can include a preliminary hearing before the case moves forward.
Your attorney can also begin reviewing discovery, police reports, body-camera footage, witness statements, search issues, statements allegedly made to police, and other evidence relevant to the defense as it becomes available. The initial appearance may only take a relatively short amount of time. The criminal case that follows can last much longer, which is why early preparation matters.
What If I Cannot Afford a Lawyer for My Initial Appearance?
Wisconsin's State Public Defender provides representation to people who qualify financially. Eligibility considers factors including income, assets, family size, and the type of case. If a person does not qualify through the State Public Defender, there may also be circumstances in which they can seek a court-appointed attorney through the county.
You can also retain a private criminal defense attorney to represent you.
If you are considering hiring private counsel, there is no reason to wait until after the initial appearance to start making calls. Giving your attorney time to review what has been filed and speak with you before court is preferable to first discussing the case after the hearing has already taken place.
Do I Need a Lawyer If This Is My First Criminal Charge?
A lack of prior criminal history can be relevant in a criminal case, but it does not make the current charge something you should handle without legal advice.
For many people, a first criminal charge also means the initial appearance is their first experience in a criminal courtroom. They may not know what the judge is going to ask, what the prosecutor may request, what release conditions could be imposed, or what they should and should not say.
Have an Initial Appearance in Waukesha or Milwaukee? Call The Singleton Law Firm
If you have received a court date for an initial appearance, you do not have to wait until after that hearing to hire a criminal defense lawyer.
The Singleton Law Firm represents people facing misdemeanor and felony charges in Waukesha, Milwaukee, and throughout southeastern Wisconsin. Our firm can review the criminal complaint, discuss what to expect at your initial appearance, address bail and release issues when applicable, and begin working on the defense of the underlying charge.
If your initial appearance is approaching, contact The Singleton Law Firm so we can discuss your case before your first court date.
