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First Appearances
What Is A First Appearance?

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Having an attorney at a first appearance can give you many advantages in a case.

A first appearance is an important part of a criminal case where a person is advised of the charges against them as well as their right to an attorney. You do not need to have an attorney for this hearing, but having one does have advantages. If you are in jail, an attorney can try to get your bond reduced before even having to file for a bond motion. If you aren’t in custody, an attorney can help save you a trip to the courthouse and try to move your case more quickly. In felony cases, having an attorney at a first appearance can also help you get a probable cause hearing where the prosecutor will have to show some of the evidence against you or potentially have to dismiss your case.

Frequently Asked Questions

What is the purpose of a first appearance proceeding?

The main function of a first appearance, is to advise a defendant of the charges against them, as well as address counsel. A person can choose to hire a lawyer. They can represent themselves, or have the court appoint them a lawyer. There are, however, several other purposes ad rules regarding first appearances, which include:

Waiver of first appearance. G.S. 15A-601(d). Note that defendant may not actually “waive” a first appearance, but the defendant need not personally appear if represented by counsel at the hearing. G.S. 15A-601(d).
Judge must warn defendant of right against self-incrimination. G.S. 15A-602.
Judge must assure defendant’s right to counsel. G.S. 15A-603, 15A-606(e), and 15A-1242.
Judge must examine charge, inform defendant of charge, and provide defendant with copy of charge. G.S. 15A-605.
Judge must notify prosecutor if charge is improper or defective. G.S. 15A-604.
Judge must set or review pretrial release conditions. G.S. 15A-605(3); G.S. 15A-531 through 536.
Scheduling of probable cause hearing. G.S. 15A-606. Judge must schedule the hearing not sooner than five working days following first appearance (unless defendant and prosecutor consent to earlier scheduling) and not later than 15 working days following first appearance (unless no session of district court is scheduled in the county within that time, in which case judge must schedule the hearing for the first day of the next session). Judge must schedule a probable cause hearing unless defendant in writing waives his or her right to such hearing, with the written consent of his or her attorney, in which case the judge must transfer case to superior court. If a true bill of indictment is returned by the grand jury before the probable cause hearing takes place, then no hearing is required. See State v. Lester, 294 N.C. 220 (1978).

Where do first appearances happen in Guilford County?

In Greensboro, first appearances often occur in courtroom 1B at 8:30 if the defendant is not in jail. If the person is in jail, first appearances usually happen in courtroom 2C at 2:00 on the next business day after the rest. Sometimes, this first appearance will occur a few days after the arrest, if the person is arrested on Friday.

Do I have to appear at my first appearance?

If you are out of custody and have hired a lawyer, you do not need to be at your first appearance. A Greensboro lawyer may appear on your behalf and save you a trip to the courthouse.

Do I need a lawyer at my first appearance in Greensboro, North Carolina?

You do need to have a lawyer at a first appearance, but it can definitely help if you do have one. Having a lawyer at a first appearance can help reduce your bond, remind you of your rights, and demand speedy trials.

How can a lawyer help me at a first appearance?

In addition to helping you put on evidence that your bond should be lowered, a lawyer may be able to get an early look at your case and what the evidence looks like. They can also file for a probable cause hearing where the state has to put forward some early evidence or your case could be dismissed.

What is the difference between a first appearance and an arraignment?

An arraignment is where you make a formal plea of guilty, not guilty, no contest, or guilty pursuant to State v. Alford. This does not usually occur at a first appearance. In some states, you may have an early arraignment hearing and you can change your plea at a later date. In Guilford County, you are not usually arraigned util moments before you plead guilty or start a trial.

What is the difference between a first appearance and an initial appearance?

An initial appearance is different from an initial appearance, which typically happens at the Guilford County Jail, immediately after a person is arrested. An initial appearance happens before a magistrate, who has limited powers compared to a District Court judge. A magistrate can not have charges dropped at an initial appearance. A magistrate may also be forced to place you on a domestic hold with no bond if you are arrested pursuant to a qualifying domestic violence charge. This hold can only be removed by District Court judge if 48 hours have not elapsed.

Can charges be dropped at an arraignment hearing?

A prosecutor, or District Attorney, can always drop the charges at any point in a criminal proceeding. A judge may only do so upon proper motion by an attorney and in some very limited circumstances, by the court’s own motion. Contact a Greensboro criminal defense attorney to learn more about how charges can be dismissed.

What is the first court hearing called?

If you are arrested, as opposed to simply charged by citation at the scene, your first court hearing is called an initial appearance before a magistrate at the jail. The next hearing is called a first appearance which may be the first court hearing for everyone who was charged with a citation and was not arrested and brought down to the Guilford County jail.