Charged with a felony in DC Superior Court

So you’ve been charged with a felony in DC Superior Court. What happens next?

The DC Superior Court operates very similar to federal jurisdiction and the bail laws are very similar to the bail laws of the Federal Courts. There are a multitude of withholdings that can be imposed on a person who goes through the criminal justice system with a serious offense.

Accusation

In the District of Columbia, if you are arrested for a felony that is not original to the grand jury, you will see a judge within 48 hours, most of the time within 24 hours. In DC, this is called a filing and you are charged per complaint. Your attorney will waive the formal reading of the charges and request a preliminary hearing. The judge sitting in the prosecution court, also known as the C10 Chamber, will determine whether you are retained or released on personal recognition. Whether you are in custody is based on a number of factors, such as whether you are on parole, parole, or have a pending case. If you are on probation, parole, or have a pending case, you could be detained for 5 days; and subsequently, you will have your preliminary hearing and / or detention hearing. If you are charged with a violent and dangerous crime, or if it is not reported infrequently, you could be held for 3 days; and subsequently have a preliminary hearing and / or a detention hearing.

Preliminary hearing

After the arraignment, you will have your preliminary hearing usually before a Magistrate Judge in DC Superior Court. There are two issues at the preliminary hearing and / or the detention hearing that will be of the utmost importance to you.

(1) Is there a probable cause why you committed the crime?

(2) If there is probable cause, should he be released?

At this juncture, you will need an experienced attorney to properly air all the facts and your ties to the community for your release.

After the preliminary hearing, the case will be resolved for the grand jury to determine if probable cause for the crime is.

Grand jury

The Fifth Amendment guarantees that no person will be prosecuted for “a capital or heinous crime” unless indicted by a grand jury. Court rules and the DC Code require a grand jury to consider evidence of any crime that carries a possible penalty greater than one year. Therefore, all felony cases must be brought before a grand jury, unless the defendant waives the right to prosecution. The grand jury can consist of sixteen to twenty-three members. Twelve or more jurors must agree to return an indictment.

State hearing

If you are detained after the detention hearing, the court will schedule a status hearing generally within 30 days to determine the position of the case with the Grand Jury. Also at this time, the Court may ask if plea bargains are taking place. Remember that your attorney has a duty to investigate, consult, and prepare your case so that you can make an informed decision about whether to plead guilty or go to trial. You have the absolute right to know if a guilty plea has been entered.

Trial by jury

If you do not accept the government’s offer of guilty plea, you will have a jury trial in which twelve members of your community will decide beyond a reasonable doubt whether you committed the crime.

Judgment

If you lose your trial or plead guilty, you will have a sentencing hearing within 2 months. The reason it takes months is because the court conducts a pre-sentencing investigation in which a probation officer makes a recommendation to the court about what sentence you should receive based on social and background information. Your attorney at this time may send character letters and other items that demonstrate your good character.

This has been a simplistic explanation of a felony through the DC Superior Court, but keep in mind that it is a general outline and you should seek an experienced attorney to guide you through this process.