What’s a Rule 5 Hearing?
As the victim of a violent crime, you may be wondering when the person who harmed you will appear in court for the first time.
If the charge is for a misdemeanor crime, the defendant will have an arraignment. An arraignment is usually the first court proceeding in a criminal case. It’s when a judge tells a defendant what he or she is charged with and what their rights are in the court process. The judge asks whether they want to plead guilty, not guilty or no contest.
If the defendant is in jail, the arraignment should happen within 24 hours of the arrest. If the prosecutor does not file a charging document by the time of arraignment, the judge releases the defendant from jail. The prosecutor can still file charges later. If the defendant was not in jail, the arraignment may be scheduled within a few weeks.
If the person is charged with a felony crime, they appear before the court within 24 hours after arrest. This hearing is called a first appearance, and initial appearance or a Rule 5 hearing. At this time, a judge reads the charges and advises the defendant of his or her rights. There will be an arraignment at a later date.
In essence, Rule 5 is a criminal procedure rule that provides required timelines for when people who have been arrested or cited must appear in court for an arraignment or felony first appearance.
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