Step 3 - Initial Hearing

Tuesday, October 21, 2008

U.S. Department of Justice
United States Attorneys Kids Page
Inside the Courtroom

Either the same day or the day after a defendant is arrested and charged, he is brought before a "magistrate judge" for an initial hearing on the case. At that time, the defendant learns more about his rights and the charges against him, arrangements are made for his attorney, and the judge decides if the defendant will be held in prison or released until the trial.

In many cases, the law allows the defendant to be released from prison before a trial if he promises or guarantees to come to court when told. This promise or guarantee is called “bail.” Before the judge makes the decision whether to offer bail, he may hold a hearing to determine how long the defendant has lived in the area; if he has family close by; if he has ever been arrested before and, if so, if he has appeared in court as told; and, finally, if he has threatened any witnesses in the case. The judge also considers the defendant’s potential danger to the community.

United States Attorneys Kids Page


Step 1	Step 3	Step 5	Step 7	Step 9

Step 2	Step 4	Step 6	Step 8	Conclusion

Step 3 - Initial Hearing Magistrate Judge and Bail
Either the same day or the day after a defendant is arrested and charged, he is brought before a "magistrate judge" for an initial hearing on the case. At that time, the defendant learns more about his rights and the charges against him, arrangements are made for his attorney, and the judge decides if the defendant will be held in prison or released until the trial.
	In many cases, the law allows the defendant to be released from prison before a trial if he promises or guarantees to come to court when told. This promise or guarantee is called “bail.” Before the judge makes the decision whether to offer bail, he may hold a hearing to determine how long the defendant has lived in the area; if he has family close by; if he has ever been arrested before and, if so, if he has appeared in court as told; and, finally, if he has threatened any witnesses in the case. The judge also considers the defendant’s potential danger to the community.
If the defendant cannot “post bail” —or pay the money—then the judge orders him to stay in prison until after the trial. After the judge decides where the defendant will be before trial, the prosecutor’s substantial work begins.