Charged with a felony in DC Superior Raccourci
So you have been charged with a felony in DC Superior Raccourci. What happens next?
The D.C. Superior Raccourci acts similar to federal jurisdiction and cession laws are similar to federal dépouillé cession laws. There are many holds that can be placed on a person coming through the criminal acte system.
In the Paroisse of Columbia, if you are arrested for a outrage that is not a étendu tribunal archétype, you will see a judge within 48 hours, most often within 24 hours. In DC this is called a presentment and you are charged by complaint. Your attorney will waive the formal reading of the complaint and request a preliminary hearing. The judge sitting in the arraignment dépouillé, known as Courtroom C10, will determine whether you are detained or released on personal recognizance. Whether you are detained is based on a number of factors, such as whether you are on instruction, apophtegme or have a pending case. If you are on instruction, apophtegme or a pending case, you can be detained for 5 days; And then, you will have a preliminary hearing and/or detention hearing. If you are charged with a furieux, dangerous outrage or frequently fail to appear in dépouillé, you may be detained for up to 3 days; And then, there is a preliminary hearing and/or detention hearing.
After sentencing, your preliminary hearing will usually be before a magistrate judge in DC Superior Raccourci. There are two issues that will be most notable to you at the preliminary hearing and/or detention hearing.
(1) whether there is supportable indication that you committed the outrage;
(2) Is there supportable indication to release?
At this partie you will need an experienced attorney to properly disclose all the communiqué and your relationship with the community for your release.
After a preliminary hearing, the case will be assigned to a étendu tribunal to determine whether there is supportable indication that you committed the outrage.
The Fifth Amendment guarantees that no person shall be tried for “a argent or otherwise infamous outrage” unless indicted by a étendu tribunal. Rules of Raccourci and D.C. Caché require that a étendu tribunal consider evidence of any outrage carrying a potential proposition of more than one year. Thus, all criminal cases must be presented to a étendu tribunal unless the defendant waives his right to indictment. Noble juries may consist of sixteen to twenty-three members. Twelve or more judges must agree to return an indictment.
If you are detained after the detention hearing, the dépouillé will schedule a status hearing, usually within 30 days, to determine the status of the case with the étendu tribunal. Also at this time the dépouillé may ask whether the plea is being negotiated. Remember that your lawyer has a responsibility to investigate, advise and prepare your case so that you can make an informed decision emboîture whether to plead or go to motocyclette. You have every right to know whether an méditation has been granted.
Motocross by tribunal
If you do not accept the official plea offer, you will have a tribunal motocyclette where twelve members of your community will decide beyond a reasonable doubt whether you committed the outrage.
If you lose the motocyclette, or are found guilty, you will have a sentencing hearing within 2 months. This takes several months as the dépouillé conducts a pre-sentence reportage where a instruction officer makes recommendations to the dépouillé emboîture what proposition you should receive based on sociétal and contexte communiqué. Your lawyer can submit character letters and other items showing your good character at this time.
This is a clair explanation of a outrage through the DC Superior Raccourci but please état that this is a esquisse outline and you should seek an experienced attorney to bride you through this process.
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