Billed With a Felony in DC Remarkable Court docket

So you have been billed with a Felony in D.C. Exceptional Courtroom. What takes place future?

D.C. Superior Court operates incredibly similar to the federal jurisdiction and the bail rules are incredibly related to the bail laws of the Federal Courts. There are a multitude of holds that can be location on an unique that arrives as a result of the felony justice program with a felony.

Arraignment

In the District of Columbia, if you are arrested on a felony that is not a grand jury authentic you will see a Choose within 48 several hours, most of the time inside 24 hrs. In DC this is referred to as a presentment and you are billed by complaint. Your legal professional will waive official looking through of the charges, and request a preliminary hearing. The Decide sitting in arraignment courtroom also recognized as Courtroom C10 will ascertain irrespective of whether you are held or introduced on personalized recognizance. No matter if you are held is centered on a quantity of components this kind of as regardless of whether you are on probation, parole or have a pending case. If you are probation, parole or have a pending circumstance you could be held for 5 times and thereafter, you will have your preliminary listening to and/or detention listening to. If you are billed with a violent, perilous criminal offense, or unsuccessful to look courtroom often, you could be held for 3 days and thereafter, have a preliminary hearing and/or detention listening to.

Preliminary Listening to

Just after arraignment, you will have your preliminary hearing typically ahead of a Magistrate Judge in D.C exceptional Court. There are two concerns at the preliminary hearing and/or detention hearing that will be paramount to you.

(1) Is there possible lead to that you dedicated the crime

(2) If there is possible bring about ought to you be launched?

At this juncture you will need to have an seasoned lawyer to appropriately vent all information and your ties to the local community for your launch.

Soon after the preliminary hearing the situation will be certain above for the grand jury to ascertain whether or not probable lead to that you committed the offense is.

Grand Jury

The Fifth Amendment ensures that no man or woman shall be prosecuted for “a cash or otherwise infamous criminal offense” except indicted by a grand jury. Courtroom guidelines and the D.C. Code require that a grand jury contemplate the proof for any offense carrying a doable penalty in extra of 1 12 months. So, all felony instances will have to be presented to a grand jury except if the defendant waives the proper to indictment. The grand jury may perhaps consist of sixteen to 20-three users. Twelve or additional jurors will have to concur in buy to return an indictment.

Position Hearing

If you are held soon after the detention hearing, the court will program a standing listening to generally within 30 days to establish the posture of the case with the Grand Jury. Also at this time the Courtroom may inquire whether plea negotiations are going on. Keep in mind your lawyer has a duty to examine, check with and prepare your scenario for you to make an knowledgeable decision of irrespective of whether to plea or to go to trial. You have an absolute ideal to know irrespective of whether a plea has been available.

Demo by Jury

If you do not accept the authorities plea offer you will have a jury trial where by twelve members of your group will make a decision outside of a realistic question whether you dedicated the criminal offense.

Sentencing

If you shed the trial, or plead responsible, you will have a sentencing listening to in 2 months. The reason it normally takes to months is because the Courtroom conducts a pre-sentence investigation in which a probation officer can make a suggestion to the court about what sentence you should really been given centered on social and track record details. Your attorney at this time could post character letters and other goods showing your good character.

This has been a simplistic rationalization of a felony by DC Superior Courtroom but you should be aware that is a rough outline and you should really search for an knowledgeable legal professional to guide you by way of this approach.