I need a legal fag in here. Is this new info? Jury trial set for January 13th 2025
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This question has come up in the main thread, as well as chat so I thought I'd give a high level update.
Virginia Felony Process
A quick guide to the lifecycle of a Felony conviction in Virginia (may apply to many other states in the US)
Step 1: Get arrested/summons to court (warrant)- You got caught, you went to jail or were released on bond.
Step 2: Arraignment- You appear in District Court, have your charges formerly read (or waived the reading). You are asked if you will have represenation, or if you need a court appointed lawyer. Many call this the "set attorney" date/hearing. This hearing is often "continued once or twice as you fill out for financial aid for the court appointed, or your attorney hasnt had time to review anything. A preliminary hearing is then set.
Step 3: Preliminary Hearing- Held in District Court, the Prosecution presents evidence and witness testimony to show Probable Cause (some jurisdictions call this the probable cause hearing). The Defense has the opportunity to argue invalidity of evidence, search warrants etc. This is seen as a "Sniff test" by the court system to see if there is "probable cause" to continue the case. This is often the first line of dismissed, nolle proseq, and plea deals. Charges get dropped/dismissed here due to bad evidence, hearsay, and poor police procedure. Plea deals happen here when charges are reduced from felony to misdemeanor.
If the case is not dismissed here, or the preliminary hearing is waived by defense, the Felony is "Bonded over" to Circuit Court to continue to trial. Some places call this "certified"
Note: Austin's attorney WAIVED the preliminary hearing, meaning there was no issue with the evidence, and no misdemeanor plea deal on the table.
>We are here Step 4: Indictment by Grand Jury- Having the felony charge bonded over to the Circuit Court, the Circuit Court holds a Grand Jury Trial. During this the Grand Jury is presented evidence by the Prosecution and its witnesses. The Grand Jury is not to decide guilt, but to determine that yes, enough fact exist that the prosecution may proceed with its case. The Grand Jury then hands down an Indictment stating as such.
Step 5: Term Day- The defendant stands before Circuit Court and is issued their dates for trial including Arraignment (yes. again). This is dont once a month or every other month depending on jurisdiction
Step 6: Arraignment- This time in Circuit Court. The judge explains all the future procedings, rights of the defendant etc and sets all future dates. After reading the charges the defendant can enter a plea of Not Guilty or Guilty. The defendant then chooses a bench trial or jury trial.
Step 7: Trial- You've watched Law and Order..you know how this part goes.
Step 8: Sentencing- After finding or declaration of guilt, the defendant is sentenced.
Why all these steps? They seem redundant.
Yes. They are, and its on purpose. A felony conviction comes with it some very harsh penalties that can alter a persons life significantly, if not permanently. The loss of constitutional, and personal rights, along with putting a person into captivity for over a year is taken very seriously by the states. There is also the acknowledgement here that the process can be the punishment...and that punishment may be unjust. The multiple steps of preliminary hearings and grand jury hearings are checks to see if things are above board and the pursuit is justified.
