What is an Initial Appearance Setting?
Our Fort Worth Criminal Lawyers explain the Initial Appearance Setting, Examining Trials, Bond Reductions, and Trial Strategy so you know what to expect if you’ve been accused of a crime in Tarrant County. For the criminal defense attorneys at Varghese Summersett PLLC, your initial appearance is not only your first court appearance, we preserve your rights by reviewing your case to determine if probable cause existed for your arrest.
A showing of probable cause requires the State of Texas to present such evidence that would lead a reasonably intelligent and prudent person to believe you have committed a crime. If the State fails to prove probable cause, our criminal defense attorneys will request that the court dismiss the charges against you. This process of requesting a probable cause determination is called an examining trial and it is a process you are absolutely entitled to. There may be strategic reasons to forego an examining trial. Our attorneys spend an extraordinary amount of time researching and preparing your case. During an examining trial, much of our defensive theory would be on the record for the State to review and prepare for. The State would then be able to use this record against your case at the trial proceeding which actually determines your guilt or innocence. As such, it may be a strategic decision not to pursue an examining trial and save our best line of defense for trial.
Bond Hearing and Bond Conditions:
Another important pre-trial release proceeding is a bond hearing. During this hearing, your attorney should present the evidence, facts, and legal criteria necessary to support your pre-trial release from jail. To be released, the court may reduce your bond, require you post a monetary bond or other collateral, and place you on bond conditions. It is possible you will be asked to testify during this portion of the pre-trial proceedings in order to establish the reasons for a pre-trial release. However, it is important that you consult with a criminal defense attorney prior to speaking on the record. Furthermore, it is important that you testimony be limited to the reasons for pre-trial release. During this proceeding, do not answer questions from the State about the allegations against you. The defense attorneys at Varghese and Smith, PLLC, will be able to request a lower bond and ensure only necessary conditions of bond are set. Common bond conditions include the following: random drug tests, no alcohol, regular meetings with an officer of the court, abiding by protective orders already in place, refraining from making contact with any alleged victim.
If you are unable to, or strategically decide not to, bond out of jail and are awaiting the disposition of your cause while in custody, our Tarrant County criminal defense attorneys will alert the court to any medical, psychiatric, or security need you may have in jail. It is our job to ensure that you especial needs are met and we will take the necessary steps to ensure that happens. Always make your attorney aware if you are taking any specific medications, are affiliated with any street gang which requires separation from the main population, or if you have been previously diagnosed with a mental illness.
Fort Worth Criminal Lawyers:
If you have been arrested, it is important to consult with a defense attorney who you can trust with the most important decisions in your life. The best criminal defense attorneys understand more than the outcome of the case is at stake. Your future, reputation, record, and career all hang in the balance of the decisions you make immediately after arrest.