This initial appearance is short. The judge determines that the defendant is the person named in the complaint. The defendant is told his or her rights at this time. These rights include the right to understand the charge, the right to counsel at all stages of the criminal process, and the right to bail. A preliminary hearing date is calendared, usually within ten days of the initial appearance. The court decides whether the defendant may be released prior to the hearing date. If eligible for release, either the defendant will be released on a promise to appear or bail will be set.
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