Your First Court Date

Appearing in court for the first time can be very intimidating.  Whether it be a misdemeanor or a felony, be prepared to be in court all day.  Remember, just because the 'Notice to Appear' says 8:30 a.m., doesn't mean that you will have your case heard at that time.  In fact, you may not have your case heard until 2:00 p.m.  Make sure you turn your cell phone ringer off.  In some courts the deputy will take your phone away if it goes off while court is in session. 

After Your Arrest

If you have been arrested on a criminal matter, then it is very important that you start preparing your defense well in advance of the court date.  Depending on the nature of your case, you will need to locate the contact information of all percipient, exculpatory and character witnesses.  You will also need to gather all evidence that you believe shows or points to your innocence along with evidence that tends to impeach the credibility of the complaining witness.  It is also a good idea to have your work information and proof of long-term residency in hand as these may become issues for purposes of bail.  Having a seasoned criminal defense attorney prior to the court date is also extremely helpful.

Errol Cook, Esq.
877-737-2004

Before a Criminal Case is Filed

After a suspect bails out or is released on their 'Own Recognizance' they are given a 'Notice to Appear' in court on a future date.  It is very important to note that the criminal investigation is still on-going.  In fact, it is not uncommon for police agencies to go out an re-interivew the suspect in order to obtain more incriminating statements in order to build a stronger case.  It is always wise to obtain a lawyer immediately so that if you are contacted by the police for a secondary interview that you can refer all calls to your lawyer.  Police agencies refer to this as lawyering up.

Errol Cook, Esq.
877-737-2004

Before a Case is Filed

A suspect who is arrested and post bail will almost always be given a 'Notice to Appear' date from the jail or bail agent.  This 'Notice to Appear' is not a binding date on the prosecuting agency having jurisdiction over the case.  In fact, it is often the case that no criminal case is filed on this date.  It would be a mistake to presume that the case is dismissed because there is no filing.  Many prosecuting agencies devote their time and prioritize the filing of in-custody cases first.  Suspects on potential criminal cases are generally not a priority unless there is a continuing community safety issue.  I have seen instances where it takes 4 to 6 months for a prosecuting agency to file a misdemeanor assault or DUI. 

Errol Cook, Esq.
877-737-2004

Notice to Appear in Criminal Court

Often times a suspect who is arrested on a misdemeanor or felony case will bail out from the local jail.  Usually, the jail will give the suspect a court hearing date in which they are to appear.  Depending on the seriousness of the charge, the suspect will appear in court only to find out that no case has been filed.  I have been contacted by numerous suspects who mistakingly believe that their criminal matter was dismissed.  There is a difference between not filing a criminal case within the statutory time-line, a criminal case sent back for further investigation and a case being outright rejected.  Generally, unless the clerk at the prosecuting agency's front desk tells you specifically that the case is a "D.A. reject," then the case and its investigation is still ongoing. 

Errol Cook, Esq.
877-737-2004

Arrest Warrant v. Notice to Appear in Criminal Courts

Once a crime is deemed to have occurred, a police officers, usually the investigating officer, who wants to obtain an arrest warrant will contact a prosecutor  to determine whether an arrest warrant can or should be used.  Factors that may be considered is whether the criminal case is a misdemeanor or a felony and the seriousness of the charges along with the suspsect's criminal history.  A prosecutor may also decide that they should write a letter to the suspect to be charged stating that a criminal complaint has been filed.  The letter will almost always state the date, time, courthouse and department in which the case is to be heard.

Errol Cook, Esq.
877-737-2004