The Initial Hearing in a Federal Case
What to Expect and How Hofland & Tomsheck Can Help
After a defendant has been indicted in federal court, the initial hearing—also known as the arraignment—is one of the first critical steps in the legal process. This hearing sets the stage for the formal legal proceedings and can significantly impact how the case progresses. During the initial hearing, the defendant is formally notified of the charges, and important decisions regarding bail or pre-trial release are made. The outcome of this hearing can influence whether the defendant remains in custody or is allowed to go home while awaiting trial.
At Hofland & Tomsheck, attorney Josh Tomsheck has extensive experience representing clients in federal initial hearings. As a Nationally Board Certified Criminal Lawyer, Josh understands the high stakes involved at this stage and will work diligently to protect your rights, negotiate favorable bail conditions, and begin building a solid defense strategy for your case.
What is an Initial Hearing?
The initial hearing is the first court appearance after a federal indictment has been issued. During this hearing, the defendant is formally advised of the charges against them and their constitutional rights, including the right to legal representation and the right to remain silent. The court will also determine whether the defendant should be released on bail or detained until the trial.
This hearing usually takes place within a few days of the defendant's arrest or surrender following the indictment. It is a crucial moment in the federal criminal process, as the court makes initial determinations that can affect the defendant's ability to prepare for trial and defend against the charges.
What Happens at the Initial Hearing?
During the initial hearing, several important procedural steps take place:
Formal Reading of the Charges: The judge will read the indictment aloud or provide the defendant with a copy of the charges. This ensures that the defendant is fully informed of the allegations against them.
Entering a Plea: The defendant will be asked to enter a plea to the charges—either guilty, not guilty, or, in some cases, no contest. It is common for defendants to plead "not guilty" at this stage to allow their attorneys time to review the evidence, investigate the case, and potentially negotiate a more favorable resolution.
Bail and Pre-Trial Release: One of the most critical aspects of the initial hearing is the court's decision regarding whether the defendant should be granted bail or pre-trial release. The judge will weigh several factors, including the seriousness of the charges, the defendant's criminal history, ties to the community, and whether the defendant poses a flight risk or danger to the public. In many jurisdictions, cash bail is set at this time. The District of Nevada seldom sets cash bails on pre-trial release "Detention" hearings. Typically, the Court will determine if conditions can be fashioned that ensure the defendant is nit a risk of flight or a danger to the community
Appointment of Counsel: If the defendant does not already have an attorney, the court will appoint one, typically a federal public defender. However, it is highly advisable to have an experienced private attorney, such as Josh Tomsheck, representing you as early as possible in the process.
Scheduling of Future Proceedings: The court will set dates for future court appearances, including pre-trial motions, discovery deadlines, and a tentative trial date. These scheduling decisions can influence how quickly or slowly the case moves forward.
Detention Hearing and Pre-Trial Release: What to Expect
A significant portion of the initial hearing is dedicated to determining whether the defendant will be granted pre-trial release and, if so, under what conditions. In the District of Nevada this is commonly referred to as a "Detention" hearing. In federal cases, the judge must decide whether the defendant poses a risk of flight or danger to the community. The Bail Reform Act (18 U.S.C. § 3142) outlines the factors that the court must consider when making this decision:
Nature of the Crime: If the charges are severe, such as drug trafficking, firearms offenses, or violent crimes, the court may be more likely to impose restrictive bail conditions or deny bail altogether.
Criminal History: The court will examine the defendant's prior criminal record, if any, to assess whether they are likely to abide by the terms of pre-trial release.
Ties to the Community: Defendants with strong community ties, such as family, employment, or property ownership, may be more likely to receive bail because they are viewed as less likely to flee.
Risk of Flight: The court will consider whether the defendant has the financial resources or motivation to flee the jurisdiction to avoid prosecution.
Danger to the Community: If the defendant is deemed a potential danger to the public or specific individuals, the judge may decide to keep them in custody until trial.
As a general rule, the court will look to determine if conditions can be fashioned to alleviate any concerns the court has about the risk of flight or danger to the community.
Conditions of Bail
If the court grants or pre-trial release, it may impose specific conditions that the defendant must follow to remain out of custody. These conditions can include:
Posting a bond: The defendant or a third party may be required to post a financial bond as collateral, which will be forfeited if the defendant fails to appear in court.
Travel restrictions: Defendants may be restricted to a specific geographic area and may need permission to leave the state or country.
Release to a 3rd Party Custodian: This is a person who will monitor the defendant and provide assurance to the Court they will have some kind of interaction and supervision with the person, such that the Court is less concerned about the release.
Electronic monitoring: In some cases, defendants are required to wear an ankle monitor to track their movements.
Regular check-ins: Defendants may be required to check in regularly with a pre-trial services officer or probation officer.
Surrender of passports: To prevent flight risk, defendants may be required to surrender their passports or other travel documents.
No contact with co-defendants or victims: Defendants may be prohibited from contacting certain individuals involved in the case.
Why Having an Attorney at the Initial Hearing is Critical
The initial hearing is not just a formality—it is a critical moment in the federal criminal process where important decisions are made that can impact the entire case. Having an experienced defense attorney like Josh Tomsheck by your side ensures that your rights are protected and that you have the best chance of securing favorable bail conditions.
Here's why having an attorney during the initial hearing is essential:
Advocating for Pre-Trial Release: An attorney can present arguments and evidence that demonstrate you are not a flight risk or a danger to the community, increasing the likelihood that you will be granted bail or released on your own recognizance.
Advising on Plea Options: While many defendants plead "not guilty" at the initial hearing, there may be strategic reasons to enter a different plea. Your attorney will advise you on the best course of action based on the specifics of your case.
Protecting Your Rights: Federal agents and prosecutors may attempt to gather additional evidence or use statements made during the initial hearing against you. Your attorney will ensure that your rights are upheld throughout the process and that you do not inadvertently harm your defense.
Preparing for Future Proceedings: After the initial hearing, the case typically moves into the discovery and pre-trial motions stages. Having an attorney involved from the beginning ensures that your defense is built on a solid foundation and that you are prepared for what's to come.
How Josh Tomsheck Can Help
At Hofland & Tomsheck, we understand that the initial hearing can be a daunting experience for defendants facing federal charges. Josh Tomsheck has a wealth of experience representing clients in federal court and has successfully secured favorable outcomes for those facing serious charges.
Bail and Pre-Trial Release: Josh is skilled at advocating for pre-trial release and negotiating bail terms that allow defendants to return home and participate in their defense.
Strategic Defense Planning: From the moment you are indicted, Josh begins working on a comprehensive defense strategy that considers every angle of the case.
Aggressive Defense: Josh Tomsheck is known for his aggressive approach to defending clients in federal cases, ensuring that every possible defense is explored and presented.
Schedule a Free Consultation
If you are facing federal charges or have been indicted, contact Hofland & Tomsheck today to schedule a free, confidential consultation with Josh Tomsheck. Whether you are preparing for an initial hearing or need advice on pre-trial release, we are here to help.
Call us at (702) 895-6760, or visit us at 228 S. 4th Street, First Floor, Las Vegas, NV 89101, to schedule your consultation today.
