Advisement generally means the act of providing advice or counsel. In the context of criminal law, an advisement hearing may be held early on to allow the Court to advise the Defendant of his rights pursuant to the rules of criminal procedure. In brief, the Court will advise the Defendant that he has the right to remain silent, the right to counsel, the right to post bail unless the state laws deny the right to bail for the crimes alleged, inform of the nature of the charges contained in the arrest warrant, the right to have a preliminary hearing held, the right to have a jury trial, and that any plea entered by the Defendant must be voluntary. At the conclusion of the advisement, the Court will set bail if applicable, and set a date for the filing of charges, where the District Attorney’s Office will formally present charges to the Court and the Defendant. Rules for advisement hearings vary by state and local laws, so local law should be consulted.
