? for legal eagles: felony hit and run

[HOGFAN]

Maybe yall recall a while ago I posted about an acquantance was charged with hit and run.. Her case has been "certified to grand jury". Any legal eagles out there know what that means?

 

[AKL_Megs]

Maybe yall recall a while ago I posted about an acquantance was charged with hit and run.. Her case has been "certified to grand jury". Any legal eagles out there know what that means?

My husband (police officer) says that it means it's going to Federal Court.

 

[NCRedding]

I am assuming the accident/incident took place in Virginia?

If so, your acquaintance has been charged with a felony. Circuit Court in VA has the authority to deal with felonies. To get to Circuit Court, the case must be sent to the Grand Jury which hears the State's side of the case only to determine if there is sufficient evidence to send the matter to trial. Once in the Circuit Court, the District Attorney/Solicitor. etc will determine whether to try the case, (usually offering a plea bargain) or to dismiss the case.

The case appears to be following the standard course of procedure.

 

[HOGFAN]

humm..of course I know nothing about the law process. So, she was in court the other day. would that have been a prelim before a judge who then referred the case to the Grand Jury? Why dont they let the accused be in on the Grand Jury?


having once been a juror, I am facinated by the legal system. Seems like alot of steps.

 

[GRUMPY PIRATE]

My husband (police officer) says that it means it's going to Federal Court.

sorry but he is wrong. unless the grand jury is a FEDERAL grand jury and the matter going in front of the grand jury happened involving federal jurisdiction, such as a civilian on a military base or federal reservation, national park, etc.

Grand juries exist at several levels of government. Some are fact finding and investigative in nature, and can issue subpoena's to produce information or compel testimony. Some are designed to determine if probable cause exists to continue an investigation and/or prosecution. (like another poster said.)
Some are advisory in nature and do not have indictment ability.

Grand juries are not exclusive to the Federal level of the justice system.

 

[doxdogy]

humm..of course I know nothing about the law process. So, she was in court the other day. would that have been a prelim before a judge who then referred the case to the Grand Jury? Why dont they let the accused be in on the Grand Jury?


having once been a juror, I am facinated by the legal system. Seems like alot of steps.

I am by no means a lawyer or work in the legal field. But more than likely the reason is that she is not in on the Grand Jury process because this is done to see if the State the evidence that is needed to proceed forward.

 

[WDWisTheBest]

Maybe yall recall a while ago I posted about an acquantance was charged with hit and run.. Her case has been "certified to grand jury". Any legal eagles out there know what that means?

Yep. In simple terms, the acquaintance is in deep do do. A good defense lawyer is needed.

 

[allison443]

My husband (police officer) says that it means it's going to Federal Court.

Not necessarily...there are grand juries on the state level as well as the federal level.

 

[AKL_Megs]

sorry but he is wrong. unless the grand jury is a FEDERAL grand jury and the matter going in front of the grand jury happened involving federal jurisdiction, such as a civilian on a military base or federal reservation, national park, etc.

Grand juries exist at several levels of government. Some are fact finding and investigative in nature, and can issue subpoena's to produce information or compel testimony. Some are designed to determine if probable cause exists to continue an investigation and/or prosecution. (like another poster said.)
Some are advisory in nature and do not have indictment ability.

Grand juries are not exclusive to the Federal level of the justice system.

Right, but assuming someone was hurt or killed, it would go to Federal Court. If it was just a hit and run with no injuries, it is a simple misdemeanor, and there would be no typical need to decide if it should go to trial or not. The only way a hit and run becomes a felony is with injury or if someone dies, and they usually head to Federal Court, under tge decision of the Grand Jury.

 

[redlight]

Why would it go to federal court?

 

[AKL_Megs]

Why would it go to federal court?

It might not, but to be a felony, somebody was hurt or killed. It's pretty darn serious either way, but for all we know, the Feds could be investigating, or they may not.

Federal crimes are more than mail fraud and killing someone at a state park. You'd be surprised what the FBI gets themselves involved in, small and big. My husband has seen many a case head to federal court... If it's serious enough.

 

[redlight]

I thought most felonies that stayed within state lines (including murder) were handled by the state. It becomes a federal matter when state lines are crossed.

 

[momx2]

I thought most felonies that stayed within state lines (including murder) were handled by the state. It becomes a federal matter when state lines are crossed.

Ding, ding, ding...we have a winner! Yes, a Federal charge would most likely come from crossing state lines, although there are other crimes that qualify. In this case, it appears that your friend is in deep trouble, facing a felony charge. I don't live in the OP's state, but in KY only felonies go to the grand jury. Your friend needs an a good defense attorney asap! BTW, most grand jury proceedings don't require the prosecutor to present the defense side, at least in KY. They can, but very rarely do and are not required to do so.

 

[AKL_Megs]

Ding, ding, ding...we have a winner! Yes, a Federal charge would most likely come from crossing state lines, although there are other crimes that qualify. In this case, it appears that your friend is in deep trouble, facing a felony charge. I don't live in the OP's state, but in KY only felonies go to the grand jury. Your friend needs an a good defense attorney asap! BTW, most grand jury proceedings don't require the prosecutor to present the defense side, at least in KY. They can, but very rarely do and are not required to do so.

And in MI it must be different, and, do we know ALL circumstances? I forget. All I know is that, at least in MI, when you hear "grand jury", it's usually headed to Federal.

It really varies from state to state.

OP, either way, your friend is is a load of trouble. Hope they have a good lawyer, weren't drunk, didn't kill anyone, and don't have previous DWI/DUI Or other serious driving offences. Good luck.

 

[tvguy]

Different states have different procedues, I bet a Grand Jury is just standard procedure in your state.
The normal process is:
1) Arrest by police who forwards case to District Attorney.
2) District Attorney reviews case and decides if it is worthy of prosecution.
3) Some states have the DA forward the case to a Grand Jury to see if they agree the case is worthy of prosecution.
4) Case is prosecuted.

Yes, a felony is the most serious level of crime. But I would put no additional concern on the case because it was referred to a Grand Jury.

I lifted this definition from an article on Grand Juries that sums it up very well:"A grand jury is meant to be part of the system of checks and balances, preventing a case from going to trial on a prosecutor's bare word" http://en.wikipedia.org/wiki/Grand_jury

Here in California, every county has a Grand Jury, their job is to investigate wrong doing by public agencies. They don't get involved in routine criminal cases.

 

[HOGFAN]

from what little ive been able to google I think after grandjury it goes back to district or circuit court, at least here.

 

[GRUMPY PIRATE]

Right, but assuming someone was hurt or killed, it would go to Federal Court. If it was just a hit and run with no injuries, it is a simple misdemeanor, and there would be no typical need to decide if it should go to trial or not. The only way a hit and run becomes a felony is with injury or if someone dies, and they usually head to Federal Court, under tge decision of the Grand Jury.

incorrect. just because a victim is hurt or killed does not determine the jusrisdiction. if that were the case, every homicide would be in federal court.

that just does not happen. and the grand jury does NOT determine jurisdiction, that is determined by what law violation is being investigated.

the grand jury RECEIVES information from the investigative agency, by (if state or local) the Districy attorneys office or (if federal) The U.S. Attorneys office. They determine if there is probable casue to believe that the violation(s) have happened and if the suspect(s) were the ones that committed those crimes. they then can produce a True Bill.

The federal grand jury usually only hears matters involve title 18USC or sometimes title 19USC of the federal criminal code.

State grand juries only hear violations of the particular state (and local) laws that they have jurisdiction over.

 

[cm8]

incorrect. just because a victim is hurt or killed does not determine the jusrisdiction. if that were the case, every homicide would be in federal court.

that just does not happen. and the grand jury does NOT determine jurisdiction, that is determined by what law violation is being investigated.

the grand jury RECEIVES information from the investigative agency, by (if state or local) the Districy attorneys office or (if federal) The U.S. Attorneys office. They determine if there is probable casue to believe that the violation(s) have happened and if the suspect(s) were the ones that committed those crimes. they then can produce a True Bill.

The federal grand jury usually only hears matters involve title 18USC or sometimes title 19USC of the federal criminal code.

State grand juries only hear violations of the particular state (and local) laws that they have jurisdiction over.

 

[agnes!]

Maybe yall recall a while ago I posted about an acquantance was charged with hit and run.. Her case has been "certified to grand jury". Any legal eagles out there know what that means?

I'm glad you made clear that this person is an acquaintance and is not a friend.

agnes!

 

[HOGFAN]

hubby says the judge forwarded it to the grand jury cause the judge wasnt sure if it warranted a trial and for them to decide. Personally I dont think DH knows WTH he is talking about.