A Comprehensive Guide to Understanding Court Appearances
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Author: Philip Kim, Founder, Philip Kim Law, P.C.
Defense lawyer Philip Kim has committed his career to standing up for the accused, and protecting the rights and reputations of his valued clients. If you face criminal charges in Georgia, we can provide you with the skilled, effective defense representation you need.
Published on July 25, 2023.
What Is a Court Appearance?
A court appearance occurs when defendants or witnesses are summoned to appear before a judge or magistrate at a specific date and time for a legal proceeding.
When it comes to court appearances, many people feel nervous or intimidated. The first court appearance can be a stressful and confusing experience.
There is no need to worry. Philip Kim Law is ready to help you. Here is our comprehensive guide to understanding court appearances. Let’s dive in!
Types of Court Appearances
Types of court appearances can vary depending on the legal matter at hand. Here are the different types of court hearings in Gwinnett Recorders Court:
An arraignment is a defendant’s first appearance after being arrested. Here, the defendant hears their formal charges, enters a plea, and a trial date is set based on their plea. When a defendant pleads not guilty, a jury or bench trial date is set.
If a defendant pleads guilty, the presiding judge rules the case on the same date and issues a sentence.
Prosecutors and defense attorneys use pre-trial motions in court to ask the court to decide a specific issue before a trial begins. A motion can influence the trial, the courtroom, the defendants, evidence, and testimony presented in the trial. The most common pre-trial motions include:
A motion to suppress evidence.
A motion to compel discovery.
A motion in limine (to exclude evidence).
The defendant pleads guilty during such a hearing. The judge issues a sentence and closes the case.
The bond hearing is conducted before a magistrate or judge decides if bonds can be set for a particular offense. In contrast to an arraignment, a bond hearing determines whether the judge will issue bond for the release of the defendant. Defendants who successfully make their bond are released to appear in court at the next court date.
In a civil or criminal case, a trial is a formal examination before a competent court of the matter in issue. There are two types of trials: a trial by jury and a bench trial. A jury trial is a trial in which 12 people decide whether the defendant is guilty or not.
If the defendant and their attorney can opt for a jury trial case, the judge places it on a jury trial calendar. In these trials, a jury of 12 impartial individuals decides on the evidence. Jury trial subpoenas are then sent to the victims and witnesses.
Bench trials are decided by a judge. When defendants and their attorneys choose a bench trial, the case is placed on a bench trial calendar.
In both jury and bench trials, the evidence presented in court determines the verdict and sentence.
What Happens if I Don’t Show Up for a Court Appearance?
Georgia criminalizes failure to appear for court hearings. According to § 40-13-63 of the Georgia Code, A warrant can be issued for your arrest if you fail to appear in court. You may be required to pay an additional bond and/or appear in court. Penalties could also include jail time and fines.
Additionally, missing a court appearance in Georgia can lead to the escalation of your charges, as well as damage your reputation with a judge.
If you have a compelling reason for missing your court date, a skilled criminal attorney can help you reschedule a court date.
Can I Represent Myself in Court?
The court can only allow you to represent yourself in a civil case. This can occur if you cannot afford a lawyer. But, in a criminal case, the court will appoint a lawyer for you. You cannot represent yourself in such a case.
How Long Do Court Appearances Last?
The length of a court appearance in the Gwinnett State Court may vary from case to case. It can take a few minutes to several hours, weeks, or even months. For a simple guilty plea, a case may last between 15-20 minutes.
The elements that may affect the time include:
How many witnesses will testify
The complexity of legal arguments presented by attorneys from both sides
The judge’s workload
In some cases, the parties may agree on the case element before appearing in court. This can result in expedited proceedings.
There is no set timeline for how long the case lasts. Each hearing has unique circumstances and complexities that may determine a case’s duration.
How to Prepare for Court Appearance
When facing a court appearance, nervousness can crop up before you appear. It is crucial to prepare for the proceedings ahead adequately.
Here are a few things to do to help you prepare for a court hearing.
The first step is to gather all relevant documents on your case. After, review them thoroughly. These documents may include the following:
Any other evidence that may be used against you or in your defense
It is also essential to dress appropriately and professionally. This can significantly impact how the judge and jury perceive you.
Practice answering potential questions that can be asked during the trial. Learn to maintain composure and stay calm throughout the process.
Consider seeking legal counsel from a professional attorney. The attorney can guide you through the complexities of the courtroom environment. They also provide valuable counsel on navigating through challenging situations that may arise.
How Attorneys Help During Court Appearances
The presence of an attorney before you appear in court can powerfully impact your case. Criminal lawyers in Lawrenceville, GA, can assist in the following ways.
Advocate for a defendant by presenting evidence
Make objections during a hearing when necessary
Ensure all legal procedures are followed in accordance with their client’s interest
Prepare a defendant for a court appearance on all the legal processes and expectation details.
Contact Philip Kim Law, P.C. if you have an issue or question about court appearances. You can get all the legal help to help you during your case appearances. Call us today to book an appointment.