At a first appearance, or an arraignment, a judge addresses any individual who is charged with a crime or an offense. The Court determines if the individual has an attorney, reads the criminal charges and generally enters a Not Guilty plea. Entering a plea of Not Guilty at a first appearance is truly an administrative procedure. It is the mechanism by which the case moves along in the criminal justice system.
The Court does not address the strength or weaknesses of the facts in order to determine what should eventually happen with the case. Rather, it is a way for the Court to let a defendant know their charges, their rights, including their right to an attorney and to make sure they will appear at future court appearances.
Is a first appearance the same as a trial?
A first appearance is not a trial. The judge does not determine guilt or innocence. Factual issues will be addressed later in the case, even as soon as the next court date.
How do you know the charges?
When an individual is arrested, they are charged on a legal document called a complaint-summons or a complaint-warrant and that makes a big difference for the first appearance. If an individual is charged on a complaint-warrant, they are brought to the county jail for processing and the first appearance will usually be done remotely. That appearance, according to Court Rule 3:4-2, must take place within 48 hours. It doesn’t matter if the charges filed are disorderly persons offenses which will go to Municipal Court or crimes which will go Superior Court. Any first appearance on a complaint-warrant is done through the county jail.
Where is the arraignment?
If someone is charged with a disorderly persons offense or misdemeanor like simple assault or shoplifting under $200 worth of merchandise, then the first appearance will be before a municipal court judge in the local municipal court where the incident is alleged to have happened. If the charges are crimes and more serious, then the first appearance will be in the Superior Court of the county where the charges are filed. For example, if someone is charged with shoplifting a lipstick from Sephora at the Garden State Plaza in Paramus, the first appearance will be in the Paramus Municipal Court before the Paramus Municipal Court judge. If they are charged with shoplifting a computer or a cell phone from Best Buy in Paramus, the first appearance will be in Superior Court, in a courtroom called Central Judicial Processing or CJP.