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So you’ve got been charged with a Felony in D.C. Superior Courtroom. What occurs subsequent?
D.C. Superior Courtroom operates similar to the federal jurisdiction and the bail legal guidelines are similar to the bail legal guidelines of the Federal Courts. There are a mess of holds that may be place on a person that comes by the prison justice system with a felony.
Arraignment
Within the District of Columbia, in case you are arrested on a felony that isn’t a grand jury authentic you will note a Decide inside 48 hours, more often than not inside 24 hours. In DC that is referred to as a presentment and you’re charged by criticism. Your lawyer will waive formal studying of the costs, and request a preliminary listening to. The Decide sitting in arraignment courtroom also referred to as Courtroom C10 will decide whether or not you’re held or launched on private recognizance. Whether or not you’re held is predicated on various components similar to whether or not you’re on probation, parole or have a pending case. In case you are probation, parole or have a pending case you can be held for five days; and thereafter, you’ll have your preliminary listening to and/or detention listening to. In case you are charged with a violent, harmful crime, or failed to look courtroom typically, you can be held for 3 days; and thereafter, have a preliminary listening to and/or detention listening to.
Preliminary Listening to
After arraignment, you’ll have your preliminary listening to often earlier than a Justice of the Peace Decide in D.C superior Courtroom. There are two points on the preliminary listening to and/or detention listening to that shall be paramount to you.
(1) Is there possible trigger that you just dedicated the crime;
(2) If there may be possible trigger must you be launched?
At this juncture you will want an skilled lawyer to correctly vent all details and your ties to the neighborhood to your launch.
After the preliminary listening to the case shall be sure over for the grand jury to find out whether or not possible trigger that you just dedicated the offense is.
Grand Jury
The Fifth Modification ensures that no individual shall be prosecuted for “a capital or in any other case notorious crime” until 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 potential penalty in extra of 1 yr. Thus, all felony circumstances have to be offered to a grand jury until the defendant waives the suitable to indictment. The grand jury could encompass sixteen to twenty-three members. Twelve or extra jurors should concur as a way to return an indictment.
Standing Listening to
In case you are held after the detention listening to, the courtroom will schedule a standing listening to often inside 30 days to find out the posture of the case with the Grand Jury. Additionally at the moment the Courtroom could inquire whether or not plea negotiations are occurring. Keep in mind your lawyer has an obligation to research, seek the advice of and put together your case so that you can make an knowledgeable resolution of whether or not to plea or to go to trial. You might have an absolute proper to know whether or not a plea has been provided.
Trial by Jury
If you don’t settle for the federal government plea supply you’ll have a jury trial the place twelve members of your neighborhood will determine past an affordable doubt whether or not you dedicated the crime.
Sentencing
When you lose the trial, or plead responsible, you’ll have a sentencing listening to inside 2 months. The rationale it takes to months is as a result of the Courtroom conducts a pre-sentence investigation the place a probation officer makes a advice to the courtroom relating to what sentence you need to acquired primarily based on social and background data. Your lawyer at the moment could submit character letters and different objects exhibiting your good character.
This has been a simplistic clarification of a felony by DC Superior Courtroom however please be aware that may be a tough define and you need to search an skilled lawyer to information you thru this course of.
