The Oklahoma Bar Journal January 2025

L aw P ractice B asics

Initial Appearances: How To Make the Most Out of a Cursory Court Date

By Amanda Lilley

T HIS MAY BE YOUR CLIENT’S FIRST TIME GOING TO THE COURTHOUSE. There can be many quick deadlines and hearings, all of which require countless pleadings or motions. The court date may only be a few minutes long but still have extensive amounts of information given. The criminal justice system can be overwhelming for both clients and attorneys who are either new to practice or just new to criminal law. This article will address the most common issues for attorneys representing clients in criminal cases.

charged with a felony. 7 Failure to appear could result in the issuance of a bench warrant. In the event that you have been hired by a family member or otherwise do not get to see your client before court, be aware that some courts conduct video arraignments 8 for incarcer ated clients, which would prevent client consultation. You will want to check with the court to deter mine if you need to make alterna tive arrangements to speak with your client before their appearance. Oklahoma’s criminal code requires the prosecutor to file all criminal misdemeanors and felonies by information. 9 While law enforcement can make recom mendations for specific charges, ultimately, the final decision on charges lies with the district attor ney’s office. The district attorney’s

you will announce why you are in court (for the initial appearance on [identify the case number] or the initial appearance on a motion to revoke suspended sentence or an application to accelerate sen tence). You will then tell the court whether the identifiers are correct and announce any changes, such as an updated address. Next, you will tell the court that the defen dant understands the charges and waives the reading 4 or, in rare circumstances, read the charges aloud to your client. You will also need to tell the court how your cli ent wants to plead to the pending matter. 5 All pleas must be oral and recorded in the court minutes. 6 While misdemeanor charges allow counsel to appear without a client’s personal appearance, defendants must be present when

ARRAIGNMENT In Oklahoma, the first appear ance in front of the judge is an arraignment. 1 Many courts and attorneys will call this court appearance the initial appear ance or will use the two terms interchangeably. An easier way to differentiate the two terms is to think of the act of being in court as the initial appearance and the legal steps that occur as the arraign ment. For this article, the term ini tial appearance will be used unless specifically talking about the steps for the arraignment. On either a misdemeanor or a felony, the purpose of an initial appearance is for the defendant to be made aware of the charges, confirm the identifying information is correct 2 and enter a plea if it’s a misde meanor. 3 When your case is called,

Statements or opinions expressed in the Oklahoma Bar Journal are those of the authors and do not necessarily reflect those of the Oklahoma Bar Association, its officers, Board of Governors, Board of Editors or staff.

22 | JANUARY 2025

THE OKLAHOMA BAR JOURNAL