The Purpose of a Second Court Appearance
A second court appearance is generally one that occurs after the initial appearance, or arraignment. While the two terms are often used interchangeably, the first appearance is just the arraignment for the immediate criminal charges against you, while the second appearance can serve many purposes.
Often, it is used to conclude plea negotiations, some type of pretrial hearings, or possibly the actual trial (if that is how you have opted to have the case proceed). In this second appearance, your attorney can expect to follow that through to conclusion, adding any other hearings or procedures that may be relevant to the case . Once that has come to a conclusion, it could be an acquittal, or you could end up being sentenced, which means that a third appearance in front of the judge would be necessary, depending on how formal the sentence is.
Whether your case is prosecuted by the district attorney’s office or any federal prosecutor, this second step is often the point when there are essentially no more pre-trial hearings necessary, in that the case is either coming to a conclusion one way or another, or the trial is about to begin.
Typical Procedures at the Second Court Appearance
During the second appearance, a few things might occur. Most likely, the parties will decide whether they wish to go forward or to set the case for trial or another motion hearing. If the court has not yet set a date for trial, it may do so. The parties may already have set a trial date at the first appearance, but if they have not, the court may do that at the second appearance as well. The court may ask the parties how long each side anticipates the trial to last and may ask for other information in order to schedule a trial. Sometimes, the court will inform the parties that it will be able to hold a trial at a later date.
Many times, the parties may have reached an agreement about the case. For example, sometimes the parties may agree to a plea or to a reprimand. At times, they may even agree to a sentence or sanctions, if there is a motion before the court to consider those issues. Alternatively, the parties may discuss a variety of issues such as 1) the admissibility of evidence 2) how many witnesses each side plans to call, and 3) whether there are any scheduling conflicts. There may be other issues as well. The court will consider any motions that are before it.
This appearance gives the parties another opportunity to address the court. During this stage, the person facing the charge(s) must express him or herself through his or her lawyer. That lawyer may ask the court to issue a ruling based on information put on the record, or based on information presented in a motion. As a result, this appearance is important; it could lead to a resolution of the matter. The information advanced in this appearance may affect whether there is a trial in this matter.
The Role of an Attorney
If you have been charged with a crime, it is always a good idea to have legal representation. The lawyer’s job starts before a case even gets to court, as they are responsible for advising clients on how the process works and what they need to do in the meantime: You can’t talk to the victim or witnesses. You have to go to court in an appropriate manner. You have to be polite to the authorities. Your attorney will give you the guidance you need on these matters and will stay in touch with you throughout the legal process. Even if you intend to plead guilty, your initial strategy may involve demonstrating you have done something to turn your life around or kill the momentum toward a trial by taking steps that show the court you are a changed person. For example, this might mean you have taken counseling, gotten treatment or therapy, or succeeded at job training. Your lawyer will work with you on these steps, as well as advise you on what negotiations you should have with the authorities and any agreements you might reach prior to going to court. This could include discussing your ability to pay fines or to be released from jail on personal recognizance. If your case does go to trial, your attorney will help present the evidence you need, including witness testimony. Your attorney will work with you closely every step of the way, helping you to build a strong case for the defense. There may be a lot of knowledge that comes with being a criminal defense attorney, but there’s no substitute for working with an attorney who really listens to your story and who believes in you. It’s one of the most important factors in preparing for your second court appearance.
Outcomes, Remedies, and Next Steps
As you prepare for your second court appearance, it is important to keep in mind that there are a number of possible outcomes. These include:
• Case dismissal
• Scheduling of trial date
• Plea deal entered
Of course, the most desirable outcome is for your case to be dismissed altogether. This can happen in a few different ways: for instance, if evidence was obtained without a warrant or if material facts were learned through entrapment – that is, if you were lured into committing a crime by law enforcement officers who would not otherwise have obtained the evidence without that lure. The most common reason for a case to be dismissed, however, is lack of evidence.
If your case is not dismissed , you can expect to have a trial date scheduled at this second appearance. Most likely, this will occur even if you are not ready to go forward with your case, as the prosecution has the right under the Speedy Trial Act to have criminal charges resolved within a certain period of time. Sometimes, the prosecution will be willing to enter into a plea deal with you at the arraignment, though this is less likely to happen now that you are ready to go to trial.
If you realize you cannot go to court, you can complete an "acknowledgement" form and provide it to the judge so he or she may sign it and set your next court date. If you cannot find a way to get to the courthouse by your re-assigned date, the judge may issue an arrest warrant and set a monetary bail.
Preparing for Your Second Court Appearance
If you have been served with court papers and have already attended the initial hearing, you will need to go to court a second time. These second appearances generally occur around three weeks after the first hearing. It is important to be prepared for this hearing, as the judge may make a decision about child custody or visitation at this time. Every state has its own rules for procedure, but the purpose of this next hearing is typically to establish temporary orders until trial. While the focus during this second hearing is usually on temporary orders, there are certainly chances that the judge could make permanent decisions, especially when both parties can come to a resolution on their own. Your next court appearance may include a recommendation or a ruling on temporary orders. If the judge issues a recommendation, both parties will receive notices on how to set up the appropriate forms, which often includes a call-in number and/or hearings in the judge’s chambers the following week. When the judge hears your case on the specified date, he or she will then sign a Temporary Order setting out the conditions for visitation/parenting time, temporary child and spousal support, and even your attorney’s fees. Sometimes, however, the judge will decide that the parties are so far apart that there is no hope to resolve the motion by recommendation. In these circumstances, the judge may schedule a contested hearing on the merits and require the parties to supply testimony and relevant documents. At this hearing , witnesses may be called and other pieces of evidence may be submitted to the judge. The judge then will be able to make a determination based on the evidence presented. As with any hearing, the judge will be guided by the best interests of the child (or children) and will consider practical issues such as schedules, parental support, and child development throughout the process. The first step in getting ready for your second hearing is to review the forms and documentation provided by the court’s clerk or judge. It is important to read through these and understand what is being asked of you. Prepare in advance the NICU form, PD-3, PD-4, any Child Support Guidelines, visitation information, and any other document that must be filed in advance of the hearing. Your attorneys will also have completed their own work in advance of the hearing and will have specific suggestions based on the evidence provided. Has there been any change since last month? Make sure you provide all new relevant information such as a new job, a new address, or evidence of changed circumstances to your attorney and to the court beforehand. It is much easier for everyone involved when the Judge has NO surprises. It also is a good idea to review the Temporary Order with your attorney so that you can decide whether this is a good plan or if you think it needs to be tweeked. If you do not think it is in the children’s best interests, you should be prepared to address it in court. Finally, remember that being professional and respectful to everyone involved in the process makes getting through the hearing a little easier and will reflect well upon you when dealing with the court system.