What You Should Know at Your Initial Appearance

You’ve been charged with a crime in the State of Maine and are going to court to appear before a judge. What should you expect? What should you do? What should you not do? 

1. What is an initial appearance? 

The initial appearance is meant to serve as the start of your criminal case. This is not meant to be the time to present your side of the story. This is not the time to argue with the judge or the prosecutor (let a defense attorney do the arguing). 

At your initial appearance you will address four key issues: (1) the charge(s) you are facing, (2) your plea (3) bail, and (4) assignment of counsel.

1. The Charges

The judge will make sure you understand the charge(s) you face. The judge will make sure that you understand the potential consequences of the charge(s), whether there is a risk of jail stemming from those charges, and address any questions you have. 

You may disagree with the charges, think they are unfounded, or that the State’s case will fail. This is not the time to address the strength of the case, ulterior motives of the witnesses, or why you are not the type of person that would commit this crime. 

You will most likely be asked whether you understand the charge(s). If you understand the charges say “yes, your honor.” If you don’t understand the charges, ask to speak with a lawyer of the day.

2. The Plea

After reading the charges, the judge will then take your plea. You will be asked, after under standing the charges, whether you plead guilty, not guilty, or no contest. Unless you have first spoken with a lawyer of the day (or your own lawyer if you hired one), your plea should be “not guilty.” 

If you are charged with a felony, you may not be asked to enter a plea. Your plea will be entered only after the charge has gone through the grand jury and an indictment has been handed down.

3. Bail 

The next matter the judge will likely address is bail. Bail means that you are allowed to be free in the community while the charge against you is pending. When you are placed on bail, you will likely be under additional conditions that—if not respected—could result in you being incarcerated at least until your case is closed. You may be asked to post money, refrain from going to certain places, or refrain from using certain substances (e.g., alcohol, illegal drugs). 

If you are placed on bail, make sure you are confident you can meet your bail conditions. For example, if prohibited from possessing alcohol make sure you are not working somewhere that requires you to serve alcohol. 

4. Assignment of Counsel

The final matter the judge will address is assignment of counsel. “Counsel” is another word for a lawyer or attorney. In a criminal case, you have a right to lawyer. If you cannot afford one, one will be appointed to you.

At your initial appearance, you will be able to fill out a financial affidavit and let the judge determine whether, based on your income and assets, you qualify for a court-appointed lawyer. You may be deemed “fully indigent,” meaning you don’t have to pay anything for your court-appointed lawyer; “partially indigent,” meaning you have to pay part of your court-appointed lawyer’s fees; or “not indigent,” meaning you have to hire your own lawyer. 

Keep in mind, most privately retained lawyer charge at minimum $300 dollars per hour for their services.

Even if you think you won’t qualify, apply for a court-appointed lawyer. You may just be approved.

2. Recommended “Do’s” and “Don’ts” at your initial appearance

At your initial appearance, DO: 

• Enter a plea of “not guilty” unless you have discussed a guilty plea with the lawyer of the day.

• Take advantage of the lawyer of the day—this is a free service provided by the State to assist you.

• Be respectful of all court personnel.

At your initial appearance, DO NOT:

• Enter a guilty plea without consulting with a lawyer.

• Talk about your case with the judge–this is not the time for that.

• Be rude or disrespectful.

When in doubt, ask the judge to speak with a lawyer of the day. The worst thing you can do is make an uninformed decision that affects the rest of your life. 

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This article is meant for informational purposes only and does not replace the advice of a licensed and qualified criminal defense attorney. If you or someone you know are facing criminal charges, consult with a criminal defense attorney in your area.