In accordance with Superior Court Rule 123(b)(2), if probable cause is found during the Initial Appearance Hearing, the Court shall inform the Defendant of the complaint against him and advise the accused of his rights, including the following:

  • The right to remain silent and that if a voluntary statement is made it could be used against the accused;
  • The right to counsel;
  • If unable to hire a lawyer, one would be provided without cost if the affidavit by the accused or his parents, etc. satisfies the Court of his need;
  • The right to consult with a lawyer before answering any questions and to have the lawyer present during any questioning;
  • If he is willing to make a statement, he has a right to stop at anytime he wishes;
  • He has the right to bail;
  • He has the right to obtain the court's assistance in serving witnesses on his behalf.

Finally, at the Initial Appearance Hearing, the Court shall set such bail as is appropriate consistent to Superior Court Rule 141 and shall schedule the matter for arraignment, which shall be held not later than ten (10) days from the Initial Appearance if the Defendant is in custody, nor later than twenty (20) days from the Initial Appearance if the Defendant is not in custody, except for stood cause shown. Formal charges shall be filed by the Attorney General within the time limits as specified by Superior Court Rule 123(b)(4).