CRIMINAL PRACTICE IN THE DISTRICT OF COLUMBIA

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1 CRIMINAL PRACTICE IN THE DISTRICT OF COLUMBIA Practice360 A Day for Lawyers and Law Firms HANDLING A CRIMINAL CASE IN DC SUPERIOR COURT Part 1 of 2

2 Arrest Arraignment Pretrial detention Diversion Indictment Plea Bargaining Pretrial Motions Trial and Sentencing

3 Misdemeanor/TrafficArrest Citation Release Central Cell block - Taken to 500 Indiana Avenue Arraignment Status Hearing Pretrial Motions Filed Motion hearing Trial Sentencing

4 Grand Jury Original Felony Arrest Central Cell Block Presentment Preliminary hearing Pretrial Motions Arraignment Status hearing Motions hearing Trial Presentence Report 7 weeks Sentencing

5 MISDEMEANOR PRACTICE CITATIONS (typical Tuesday/Thursdays) Start time is 10am 12pm (possibly longer) Magistrate Judge Citations list can be ed daily ( Defendant s name Charge Lawyer assigned

6 Misdemeanor Practice In C10 Approach with your client Waive formal reading of the charges Plead not guilty Assert Constitutional rights (speedy trial) Request Discovery/Boiler plate Rosserletter Set a status hearing (2 to 3 weeks out) The Calendar assignment for the Judge is done by the clerk Call US attorneys at /1901 to see who assigned to case

7 Misdemeanor Status hearing Set usually 2 to 3 weeks after arraignment You should have investigated, consulted and prepared the case to make determination Also should have consulted with US attys office (assigned assistant) Deferred Prosecution agreement Deferred Sentencing agreement Plea of guilty Set Trial date

8 Traffic Practice Citations (Monday, Tuesday, Wednesday) Courtroom 116, 115, 120 Courtroom & date done by District arrest Start time 9:30am 12pm or shorter Citation list

9 Traffic Practice In the 115,116, 120; Talk to Assistant OAG or Duty day attorney to see if case is papered or divertible. If case is divertible and retained (well..) A lawyer is not appointed to divertible case Judge comes on bench case is called Waive formal reading of the charges Plead not guilty Assert Constitutional rights (speedy trial) Request Discovery/Boiler plate Rosserletter Set status hearing 2 to 3 weeks out(may set trial for some cases)

10 Traffic status Set usually 2 to 3 weeks after arraignment You should have investigated, consulted and prepared the case to make determination Also should have consulted with Attorney General office (assigned assistant) most of time already on the document received at arraignment Deferred Prosecution agreement Deferred Sentencing agreement Plea of guilty Set Trial date

11 Felony Practice Lockup Arraignments Everyday except Sunday Courtroom C10 Go to Lockup behind C10 (before noon) 1 st lockup list before noon/ Some misdemeanors and traffic will be list

12 Felony Practice In the Courtroom Get the bail report (on the table right side of courtroom); Clients number on the report Review the Bail report Review cheat sheet

13

14 Felony Practice 1st 2nd Presentment in Courtroom C10 (waive formal reading, assert constitutional rights, request preliminary hearing If not held 20 days preliminary hearing After Preliminary hearing waiting for indictment investigate prepare and consult 3rd Indictment Status File Pretrial motions Motions hearing/trial Sentencing

15 DON T KNOW ASK QUESTIONS!!!!!! Where to ask Ask Questions Join SCTLA Contact Betty Ballester to join SCTLA list Serv 4200 Wisc. Avenue, N.W., # Washington, D.C

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