Billed With a Felony in DC Top-quality Court docket

So you have been billed with a Felony in D.C. Outstanding Courtroom. What comes about subsequent?

D.C. Superior Court operates pretty related to the federal jurisdiction and the bail guidelines are incredibly related to the bail laws of the Federal Courts. There are a multitude of holds that can be position on an person that arrives by means of the criminal justice technique 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 Judge inside of 48 hrs, most of the time in just 24 hrs. In DC this is identified as a presentment and you are charged by complaint. Your legal professional will waive official examining of the charges, and ask for a preliminary hearing. The Choose sitting down in arraignment courtroom also recognized as Courtroom C10 will establish no matter whether you are held or launched on own recognizance. No matter whether you are held is based on a range of components these kinds of as no matter if you are on probation, parole or have a pending case. If you are probation, parole or have a pending case you could be held for 5 days and thereafter, you will have your preliminary hearing and/or detention hearing. If you are billed with a violent, unsafe criminal offense, or unsuccessful to seem court typically, you could be held for 3 times and thereafter, have a preliminary hearing and/or detention hearing.

Preliminary Listening to

After arraignment, you will have your preliminary hearing usually before a Magistrate Choose in D.C top-quality Courtroom. There are two issues at the preliminary hearing and/or detention listening to that will be paramount to you.

(1) Is there probable induce that you fully commited the criminal offense

(2) If there is probable induce ought to you be produced?

At this juncture you will need an seasoned attorney to thoroughly vent all information and your ties to the neighborhood for your release.

Following the preliminary listening to the circumstance will be certain over for the grand jury to ascertain whether or not possible trigger that you dedicated the offense is.

Grand Jury

The Fifth Amendment guarantees that no particular person shall be prosecuted for “a capital or in any other case infamous criminal offense” except indicted by a grand jury. Court docket rules and the D.C. Code call for that a grand jury take into account the proof for any offense carrying a achievable penalty in excess of a person yr. Therefore, all felony circumstances need to be presented to a grand jury except if the defendant waives the right to indictment. The grand jury may perhaps consist of sixteen to twenty-three customers. Twelve or a lot more jurors should concur in buy to return an indictment.

Status Listening to

If you are held following the detention hearing, the court docket will plan a position listening to normally in 30 times to decide the posture of the situation with the Grand Jury. Also at this time the Court may well inquire whether or not plea negotiations are likely on. Recall your law firm has a responsibility to examine, consult with and put together your case for you to make an informed final decision of whether or not to plea or to go to demo. You have an complete suitable to know irrespective of whether a plea has been offered.

Demo by Jury

If you do not settle for the government plea offer you you will have a jury trial the place twelve members of your neighborhood will come to a decision further than a realistic doubt irrespective of whether you committed the crime.

Sentencing

If you lose the demo, or plead responsible, you will have a sentencing listening to inside 2 months. The cause it can take to months is mainly because the Court docket conducts a pre-sentence investigation in which a probation officer tends to make a advice to the court docket relating to what sentence you really should been given dependent on social and qualifications facts. Your lawyer at this time may perhaps submit character letters and other products showing your excellent character.

This has been a simplistic explanation of a felony by way of DC Top-quality Court docket but please be mindful that is a rough define and you should really look for an skilled lawyer to guide you by means of this approach.