So you have been charged with a Felony in D.C. Exceptional Court. What happens following?
D.C. Superior Courtroom operates very similar to the federal jurisdiction and the bail regulations are really identical to the bail regulations of the Federal Courts. There are a multitude of holds that can be spot on an person that comes via the criminal justice program with a felony.
In the District of Columbia, if you are arrested on a felony that is not a grand jury original you will see a Decide within just 48 several hours, most of the time in 24 hours. In DC this is referred to as a presentment and you are charged by complaint. Your attorney will waive formal studying of the costs, and ask for a preliminary listening to. The Decide sitting in arraignment courtroom also identified as Courtroom C10 will determine whether or not you are held or launched on private recognizance. Whether or not you are held is primarily based on a range of variables these types of as whether or not you are on probation, parole or have a pending scenario. If you are probation, parole or have a pending situation you could be held for 5 times and thereafter, you will have your preliminary hearing and/or detention listening to. If you are charged with a violent, dangerous criminal offense, or unsuccessful to appear court usually, you could be held for 3 days and thereafter, have a preliminary hearing and/or detention listening to.
Preliminary Listening to
Right after arraignment, you will have your preliminary listening to typically in advance of a Justice of the peace Decide in D.C excellent Court. There are two difficulties at the preliminary listening to and/or detention hearing that will be paramount to you.
(1) Is there possible induce that you fully commited the criminal offense
(2) If there is possible result in ought to you be produced?
At this juncture you will have to have an experienced legal professional to properly vent all details and your ties to the community for your release.
Following the preliminary hearing the scenario will be bound about for the grand jury to determine whether or not possible cause that you fully commited the offense is.
The Fifth Amendment assures that no person shall be prosecuted for “a capital or or else notorious crime” except indicted by a grand jury. Courtroom policies and the D.C. Code call for that a grand jury contemplate the proof for any offense carrying a possible penalty in surplus of a single calendar year. As a result, all felony conditions have to be offered to a grand jury unless of course the defendant waives the suitable to indictment. The grand jury might consist of sixteen to twenty-three users. Twelve or a lot more jurors have to concur in buy to return an indictment.
If you are held after the detention listening to, the court docket will timetable a position hearing normally inside of 30 times to figure out the posture of the case with the Grand Jury. Also at this time the Court docket may possibly inquire whether plea negotiations are heading on. Recall your attorney has a duty to look into, seek the advice of and put together your situation for you to make an educated choice of no matter whether to plea or to go to trial. You have an absolute correct to know whether or not a plea has been supplied.
Trial by Jury
If you do not settle for the authorities plea offer you will have a jury demo in which twelve users of your group will make your mind up over and above a acceptable question irrespective of whether you fully commited the crime.
If you eliminate the trial, or plead responsible, you will have a sentencing listening to in just 2 months. The motive it usually takes to months is because the Courtroom conducts a pre-sentence investigation wherever a probation officer will make a recommendation to the courtroom concerning what sentence you need to been given primarily based on social and qualifications details. Your lawyer at this time may possibly submit character letters and other goods demonstrating your fantastic character.
This has been a simplistic explanation of a felony via DC Exceptional Court but make sure you be aware that is a tough define and you must request an seasoned attorney to guide you by means of this course of action.