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The DC Criminal Justice Process Explained by a Defense Attorney
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The DC Criminal Justice Process Explained by a Defense Attorney
As a defense attorney in DC, I’ve seen the criminal justice system up close for many years. It can be confusing and scary for folks going through it for the first time. I’m hoping this article can shed some light on the step-by-step process, and what your rights are along the way.
Arrest
The first step is usually when someone gets arrested by the police. There’s a common misconception that cops need a warrant to arrest you – that’s not true. The police can arrest you if they have “probable cause,” which basicly just means a good reason to think you broke the law.
Once you’re arrested, the police will search you and confiscate any weapons, illegal items, etc. They’ll handcuff you and transport you to the police station for booking. At the station, they’ll take your fingerprints, photograph you, and record your vital information. You’ll also be allowed a phone call – make sure to call your lawyer! Don’t say anything to the cops without your lawyer present.
Initial Appearance
Within 24 hours of your arrest, you’ll be taken before a judge for your initial appearance. This is where the judge reads the charges against you, and decides whether or not you should be released while your case moves forward. The prosecutor will argue for a high bail amount or to keep you detained. Your lawyer will argue for lower or no bail. The judge decides based on factors like your prior record, the severity of the charges, your ties to the community, etc.
If the judge grants bail, you’ll have to post either the full bail amount or use a bondsman to post a percentage. You’ll be released with conditions – make sure to follow them closely or your bail could get revoked!
Preliminary Hearing
Within 2 weeks if your arrested in DC, there will be a preliminary hearing. This is where the prosecutor has to show the judge that there is probable cause for the charges against you. Your lawyer can cross-examine the witnesses and argue there is not enough evidence. If the judge agrees there’s probable cause, your case moves ahead to the grand jury. If not, the charges are dismissed – but they can still refile charges later if they find more evidence.
Grand Jury
The grand jury is a group of citizens who listen to the prosecutor’s evidence and decide if there’s enough to formally charge you. Your lawyer can’t be in the grand jury room, but we can submit documents, testimony transcripts, etc. to try to convince them not to indict. An indictment means your case will move ahead to trial – then it’s up to the trial jury to decide if your guilty or not.
Arraignment
If your indicted, the next step is the arraignment. That’s when you appear in court again, and the charges are read to you again. The judge will ask you to enter a plea – guilty, not guilty, or no contest. Always plead not guilty at this point, because pleading guilty waives your right to trial. After your plea, your lawyer and the prosecutor will discuss next steps like setting a trial date, exchanging evidence, etc.
Plea Bargaining
Many criminal cases end up in plea bargains instead of going to trial. This means you plead guilty, usually to a lesser charge, in exchange for a lighter sentence. The prosecutor may offer a plea deal before trial to avoid the time and expense of a trial. Sometimes these deals are good options, but always talk to your lawyer before accepting. We’ll evaluate the evidence, chances of winning at trial, and potential sentence exposure to help decide what’s best.
Trial
If your case goes to trial, it will either be a bench trial decided by a judge, or a jury trial decided by 12 citizens. First the lawyers will question potential jurors and select the final 12. Then the trial begins, with opening statements explaining each side’s case theory. The prosecutor calls their witnesses first, and your lawyer cross-examines them. When they rest, we call our witnesses, and the prosecutor cross-examines. Closing arguments sum up the evidence, and the judge or jury deliberates to reach a verdict. If found guilty, we move to sentencing. If acquitted, you walk free!
Sentencing
If convicted, the judge will impose a sentence following strict sentencing guideline rules. Your lawyer will present mitigating evidence about your background, mental health issues, addiction, etc., and argue for the lowest possible sentence. The judge will decide based on your prior record, applicable mandatory minimums, and other factors. For serious felonies, you may face years in prison. Talk to your lawyer about options like appealing, applying for early release programs, etc.
That’s a basic overview of how the criminal justice process works in DC from arrest to trial. It’s long and complex, with many places where experienced legal advice makes all the difference. Never go through it without a lawyer by your side. We know how to protect your rights, fight the charges, and get the best possible outcome. Don’t be afraid to call me – I’m always happy to help!
References
DC Code § 23-1322 – Right to release on citation or by posting collateral.
DC Code § 23-1321 – Arrest without warrant by law enforcement officer.
DC Code § 23-1331 – Preliminary hearing; nature; procedure.