? for legal eagles: felony hit and run

[redlight]

Well done GP! You deserve some rum!

 

[Allison]

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.

Exactly

 

[CTrumble]

http://www.courts.state.va.us/courts/circuit/circuitinfo.pdf

Go to page 3...

If probable cause is found, the case is certified (sent) to the grand jury. If the grand jury also finds probable cause and returns an indictment, the accused is held for trial in circuit court. Following indictment, the accused is arraigned; that is, the charges are read and he enters a plea of guilty, not guilty, or nolo contendere (no contest). In misdemeanor cases appealed from district court, the preliminary hearing, the grand jury indictment, and arraignment are not necessary. Also, when an accused is first charged by grand jury indictment, no preliminary hearing is required and, after arrest, the accused is arraigned.

 

[momx2]

http://www.courts.state.va.us/courts/circuit/circuitinfo.pdf

Go to page 3...

If probable cause is found, the case is certified (sent) to the grand jury. If the grand jury also finds probable cause and returns an indictment, the accused is held for trial in circuit court. Following indictment, the accused is arraigned; that is, the charges are read and he enters a plea of guilty, not guilty, or nolo contendere (no contest). In misdemeanor cases appealed from district court, the preliminary hearing, the grand jury indictment, and arraignment are not necessary. Also, when an accused is first charged by grand jury indictment, no preliminary hearing is required and, after arrest, the accused is arraigned.

From the sound of this, it appears that VA handles criminal proceedings the same way as KY. The Grand Jury is presented a case after probable cause is found in district court or sometimes by direct presentment. If a Grand Jury indicts then it goes on to circuit court to face felony charges, very serious. I know of no state (and I might be wrong as I don't know the law in every state) in which a grand jury only hears federal cases. That would be a federal grand jury and states generally have grand juries also. Your friend is in deep doo-doo !

 

[momx2]

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.

Maybe it is different in MI than KY, but I doubt much. The feds here don't even want to bother with cases for the most part. The prosecutors I know wish that they would more. There is federal court here, right next door to our county courthouse, but 99.8% of all felony cases in our county are handled by the state grand jury, not federal. But, you are correct that while both state and federal felonies are serious, generally you will serve more time on federal felonies.

 

[HOGFAN]

does ''held for trial' mean she will be held in JAIL until the trial starts?

 

[tvguy]

does ''held for trial' mean she will be held in JAIL until the trial starts?

While if varies from state to state, some sort of bail has to be offered. How much, at least here in California, is up to the Judge. Average here for a felony hit and run would be $25,000 bail, so with bonds costing 10% of the bail amount, this person would need to come up with $2,500 to get out of jail. That's assuming the person is not a flight risk, or there aren't other circumstances.

 

[HOGFAN]

hmmm. she paid bail at the original arraignment. Now her case is going to grand jury. If the grand jury indites her(which they probably will) she will be 'held for trial'. Surely she wouldnt have to post another bail. Im just wondering if she will be held in jail while waiting for trial in circuit court.

 

[kim929]

I believe if it is being sent to another court, (here in RI it would go from district where you are originally charged in front of a judge, then if the grand jury determines it warrants a different charge, as in it should be a felony charge, it is then transferred to Superior court). She would be recharged in the higher court, bail reset if any. The amount of bail she paid in the lower court would be applied to the amount of bail set in Superior court.

ETA: Held for trial just means the case is going to trial. If the grand jury feels the charge is a serious enough charge, the judge in the higher court can refuse bail on the higher (new) charge, then she would also be held until trial or until her lawyer can fight for a new bail hearing.