In a misdemeanor case, the initial hearing is called an arraignment, while in a felony case it is called a presentment. When someone is facing a misdemeanor, unless the individual is already charged with another crime in another pending case, or is on supervised release or probation from some prior case, the individual can expect to be released under some form of supervised or other release.
Whereas, with regard to a felony charge, certain felony charges require that individual be initially held for a few days pending the initial hearing. Then the individual might continue to be held in custody during the duration of their case, depending upon the nature of the charges, the allegations against them, and other factors like their criminal background.
For burglary cases specifically, a burglary is a particularly grievous offense under the law. Very few crimes have a mandatory minimum prison sentence like a burglary does, including a second degree burglary. Due to that you can expect a judge to be more likely to hold someone who is charged with burglary in custody, than compared to an offense like a drug offense for instance. In that context a presentment in a burglary case can be much more involved thereby warranting the services of a DC burglary lawyer.
Cases filed in DC Superior Court will have their hearings held at the main courthouse building, which is located at 500 Indiana Avenue, NW, in Washington, DC. The arraignments for any felony charges, which are called presentments, are going to take place in courtroom C-10, which is the basement level of the courthouse.
There are two main factors a judge considers when deciding on a person’s release conditions. The first is whether that person is a flight risk, meaning how likely they are to return to court as directed.
Second, is whether the person is a danger to the public or to themselves if they are not in custody or otherwise supervised. When a judge is taking a look at those factors, the judge will consider the alleged facts in the present case, the government’s claim, and what law enforcement says happened.
The judge will also look at the individual’s criminal history and background. Meaning, does this person have a history of other crimes, of violent crimes, or a history of failure to appear for court? Finally, the court will consider some other factors about the individual. Is the individual gainfully employed, do they have family, do they have ties to this community, do they have stable housing, and things like that. Those are the factors the judge uses to make a decision as to whether or not the person is truly a flight risk or danger to themselves or others.
In general, there are more requirements and conditions of release for a felony case than a misdemeanor case. For burglaries versus other felony cases, an individual can expect to have some form of supervised release at a minimum in a burglary case, whereas that might not be true for all felony cases.
A lawyer can gather information from you and your family, make arguments against you continuing to be held in custody, and make arguments for the most lenient release possible.
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