Initial appearance

The first hearing in court before a referee/judge. This is similar to an arraignment hearing on criminal cases.

The defendant comes before a judge within hours of the arrest to determine whether or not there is probable cause for his or her arrest.

The Federal Rules of Criminal Procedure require that following an arrest, the defendant be taken before the nearest available magistrate judge without unnecessary delay. At the initial appearance, the magistrate judge informs the defendant of the nature of the charges. The defendant is also informed of the right to counsel, the right to remain silent, and the right to have a preliminary examination. After informing the defendant of these rights, the magistrate judge decides whether to release or detain the defendant.