Felony Law
Crimes fall into two categories: felony and misdemeanor. A misdemeanor is considered a more minor offense or less serious than a felony. Felonies are much more serious crimes and carry much stiffer penalties. A felony is typically considered any offense that carries a potential term of imprisonment for one year or more.
Are drunken driving offences considered Felonies?
Yes, sometimes they can be. Typically if your DWI has caused serious injury or death of another person, then chances are it will be classes as a felony. Also, if you are a repeat offender of DWI's it is possible to have your subsequent offense classes as felonies even without an accident.
What Is A Misdemeanor?
A misdemeanor is a lesser criminal act than a felony. They come in two categories; Class A Misdemeanors and Class B Misdemeanors. Class A misdemeanors carry potential jail time of up to 12 months in the county house of correction and a potential fine. Class B misdemeanors are considered criminal acts but only carry potential fines but no jail time. Misdemeanors are generally punished with fines, but class A defendants can be subject to stand committed jail time, suspended jail time or deferred jail time.
Which court do I have to go to?
Felonies are typically in the jurisdiction of the Superior court of the county where the offense is charged. Superior court can also handle misdemeanors, usually ones that are charged along with a felony. A case can start in Superior court of there is an indictment handed down by a grand jury. Felonies can also be brought initially to a district court where at arraignment no plea will be entered. The district court will hear arguments on bail and schedule the matter for a probable cause hearing to determine whether the facts of the case warrant transfer to the Superior court.
Misdemeanors are handled at the local district court having jurisdiction over the town where the offense is charged.
