When someone is charged with a crime in New Jersey, whether it be a Petty Disorderly Persons Offense, Disorderly Persons Offense, or an Indictable charge, the first court proceeding that the defendant must appear for is the "First Appearance," more commonly known as an "Arraignment." This proceeding is always held at the municipal court in the town where the offense occurred.

At this hearing, the judge will read to the defendant the exact charges pending against them and advise them of their Constitutional rights. The defendant must also enter a formal plea at this time. This hearing is usually extremely brief.

If the case involves Indictable charges, the defendant MUST appear for the First Appearance, otherwise the court will issue a Bench Warrant for their arrest.

Usually for indictables, usually the municipal court will give the defendant a date for the next proceeding, a "criminal intake." Intake is NOT a court appearance, but rather is an information-gathering appointment for the court system to determine the defendant's eligibility for the Public Defender, as well as to confirm their identity and obtain valid contact information, e.g., a valid mailing address. The defendant MUST appear for the intake, otherwise a Bench Warrant may issue for their arrest. After the Intake is complete, the court staff will give the defendant a date for their first true court appearance, which is usually scheduled a few weeks after the intake.

If the case involves only Petty Disorderly Persons or Disorderly Persons-level offenses, the defendant is only read their rights and a formal plea taken. No Intake is required. If the defendant retains a lawyer before the First Appearance, the attorney files the required paperwork with the court (an Entry of Appearance and a Request for Discovery), and the defendant usually DOES NOT need to appear for the First Appearance. The reasoning behind this is that since the defendant now has a lawyer, presumably that lawyer has explained the charges to the defendant so there is no need for the court to do so.

If you have been arrested for a criminal offense, it is important to consult with a New Jersey attorney IMMEDIATELY. That is why I am available 24 hours a day to speak with you. I handle criminal matters in Essex, Hudson, Morris, Middlesex and Union Counties.

Free consultations available.
Please call me at (973)813-7671.

Christopher G. Porreca, Esq.
222 Ridgedale Avenue
Cedar Knolls, NJ 07927