Criminal Charges: District Court vs. Superior Court
While all criminal charges usually commence in the District Court, the most severe charges, such as rape, cannot be heard by the District Court. The Commonwealth should either bring those charges to the Superior Court or conduct a probable cause hearing in the District Court. At this hearing, a judge will decide if there’s enough evidence to proceed with the charges.
Indictments and the Role of Probable Cause Hearings
Practically speaking, most cases are indicted, so there rarely is the need for a probable cause date. When facing Superior Court-only jurisdiction charges or bind-over felonies, it is important to have a lawyer represent you.
The Importance of Legal Representation for Severe Charges
Due to the severity of the offenses and the long state prison sentences and minimum mandatory sentences associated with these offenses, a defendant is likely to be held on 58A pending indictment and charges. But just because an individual is initially held on 58A does not mean a lawyer’s work is done. Your attorney should work to establish a pattern of the Commonwealth to indict the matter while you are held. The Commonwealth’s failure to indict a case and answer “not ready” at the probable cause hearing (especially while the defendant is held) can lead to release on conditions, and in some cases, dismissed charges.
Case Example: Attorney Aprodu’s Success in Dismissal of Rape Charges
For example, Attorney Aprodu recently handled a case where the defendant was charged with rape, and despite the defendant initially being held on 58A, he was released, and the charges were eventually dismissed as a result of the Commonwealth’s failure to indict the case or be ready for a probable cause hearing. But release and dismissal did not come easily. During a span of less than five months, Attorney Aprodu filed more than four motions to dismiss and argued for release on more than two occasions. Her perseverance paid off, and the client was released, and rape charges were dismissed.
The Significance of Dismissal Without Prejudice
While the dismissal in these situations is without prejudice—meaning the charges can be brought again, and in fact, the case can be indicted—the dismissal is significant nevertheless. If a defendant is released on conditions of release during the District Court case and is then indicted, he has a new arraignment to set bail in the Superior Court. Certainly, if the client showed up to court and complied with conditions of release during the District Court case, it will indicate to the Superior Court that conditions of release may be appropriate. Furthermore, it is also possible that the Commonwealth will not refile the charges or indict the case. Either way, the defendant’s time in detention is much less in situations where the District Court dismissed the charges.
Key Takeaway: Winning the War Despite Initial Setbacks
The lesson in these types of cases is simple: the Commonwealth may win the battle by winning the 58A but loses the war when it fails to indict the case and the defendant is released and dismissed charges result.
Another win for the underdog!
