What To Expect From Your Washington D.C. Criminal Case

The court system in Washington DC functions like that of most other states. The criminal process from arrest to trial is similar to other US states, with a few exceptions. The principal differences involve the judges and attorneys who prosecute cases.

The Superior Court of the District of Columbia is not a federal court. It functions as a state court of general jurisdiction for the District of Columbia. District court judges receive 15-year appointments from the President of the United States, with the advice and consent of the U.S. Senate. The DC Superior Court handles all criminal, civil, and traffic cases within the DC Metropolitan area.

Arrest and Booking

The DC Metropolitan Police Department law enforcement officers may arrest individuals based on warrants issued by a magistrate judge on a sworn complaint approved by a prosecutor. The officer does not need the warrant in hand to make an arrest.

A police officer can make an arrest without a warrant when there is probable cause to believe:

• A person has committed or is committing a felony
• A person is committing any offense in the officer’s presence
• A person may commit one of the many offenses and there is a risk that the person may flee, destroy evidence, or cause injury to others

The DC Metro Police powers extend to Capitol Hill and the Supreme Court building as necessary to make an arrest.

Once a law enforcement officer makes an arrest, the person goes to the station for identification and booking. During the booking process, police fingerprint and photograph the individual and inventory their belongings. The police will carry out a warrant search to see if the person has any outstanding warrants in DC or other states.

Bail

DC is a “no-bail” state. You won’t have to post bail for release before arraignment. After arrest, you will either:

• Receive a citation and get released. By signing, you agree to appear on the court date. Most misdemeanor cases receive citations for appearance.
• Be held until your arraignment. At that time, the judge may include a bond as part of your other conditions for release. If police detain you, your arraignment must take place on the next court date. DC courts are open Monday through Saturday for criminal cases.

Arraignment

At your arraignment or a presentment for felony cases, the prosecutor informs you of the nature of the criminal charges. The judge decides whether to release you and the conditions of the release. For most criminal offenses, the judge may:

• Release you on your own recognizance
• Release you on an unsecured bond. A bond is only permitted to ensure appearance for court hearings, not to protect the community or ensure the safety of other individuals
• Release you subject to other conditions such as community service, drug testing, mental health evaluation, and continued employment

The judge may order continued detention pending further hearings in cases of violent crimes, murder in the first or second degree, and use of a firearm with intent to kill.

Your arraignment is not a trial. You should have a criminal defense attorney or request a public defender to explain the charges and other court proceedings. You will not enter a guilty or not guilty plea, and you won’t need to answer any questions other than your name and whether you understand the charges.

The DC Criminal Justice System

The primary difference between the other states and the District of Columbia is who prosecutes the court cases. The United States Attorney's Office for the District of Columbia deals with most of the felony charges in DC. Domestic violence cases have a separate court within the Superior Court system.

The DC Court of Appeals is the highest court in the District. After the Court of Appeals, a defendant can appeal to the U.S. Supreme Court.

Get Legal Advice From a DC Criminal Defense Attorney

Getting charged with a crime is never enjoyable. Even if you are not guilty, the experience is stressful. Nobody should try to navigate the criminal justice system alone. Although you’re entitled to a public defender if you can’t afford an attorney, you should call a DC criminal defense attorney if you can.