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  #1  
Old 01-28-2011, 12:02 PM
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Question for attorneys

I keep track in the County Court Records of the guy who stalked my daughter. He was recently arrested for menancing and I am copying the information in the court record below. Can someone explain what it means for the case to be bound over to District Court for cause?

02/28/2011 13:30 ARRAIGNMENT GILMAN 5H
01/26/2011 08:30 PRELIMINARY / DISPO HEARING ARMATAS 2100 BOUND OVER - DIST CT FOR CAUSE
01/12/2011 15:06 ENDORSED LIST OF WITNESSES 2100
01/04/2011 10:30 2ND ADVISEMENT ARMATAS 2100 SET FOR PRELIMINARY HRG.
01/04/2011 10:30 PUBLIC DEFENDER APPOINTED 2100
01/04/2011 10:30 PUBLIC DEFENDER REQUESTED 2100
12/30/2010 13:43 CASE ENTERED
12/28/2010 10:00 PO/BOND TRANSF TO CASE FILED 2300
12/28/2010 10:00 PROTECTION ORDER 2300
12/28/2010 10:00 BOND SET 2300
12/28/2010 10:00 1ST ADVISEMENT JAMES 2300 ADVISED OF RIGHTS
12/28/2010 07:10 PRE-CASE ENTERED
12/27/2010 00:00 DENVER CITY JAIL IN CUSTODY

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  #2  
Old 01-28-2011, 12:50 PM
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Means that the case has met criminal code/law/procedue standards to go to a particular court, as opposed to staying in the arraignment and plea court.
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  #3  
Old 01-28-2011, 12:54 PM
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What's the difference between a County Court and a District Court? Would the records of a District Court be found on the County Court website or will I have to look elsewhere for the final disposition?
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1977 300d 70k--sold 08
1985 300TD 185k+
1984 307d 126k--sold 8/03
1985 409d 65k--sold 06
1984 300SD 315k--daughter's car
1979 300SD 122k--sold 2/11
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1993 GMC Sierra 6.5 TD 4x4
1982 Bluebird Wanderlodge CAT 3208--Sold 2/13
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Old 01-28-2011, 01:12 PM
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It will depend on each state's judicial system and the manner in which criminal matter are conducted at different levels. Typically, the arraignment and plea courts are jurisdictionally lower than the jury trial courts, since the matters being handled are preliminary to trial.
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Old 01-28-2011, 02:27 PM
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Quote:
Originally Posted by kerry View Post
What's the difference between a County Court and a District Court? Would the records of a District Court be found on the County Court website or will I have to look elsewhere for the final disposition?
In Virginia, the General District Court holds a preliminary hearing to determine whether there is probable cause to believe (a) that a crime has been committed and (b) that the defendant committed it. From there, the case goes to the Circuit Court where it is presented to a grand jury. The terminology for the General District Court part of the process is that the case is "bound over" to the grand jury. If the grand jury finds probable cause, then the case goes on the trial docket.

My guess (emphasize guess) is that your "County Court" is analogous to our circuit court. Your district court handled the preliminaries and now it's on to the "real" court, which will probably include a grand jury process. Once the grand jury hurdle is cleared, the case goes to trial, unless the defendant pleads guilty.

These are my guesses.

EDIT: On your second question, the district court will have the records of its proceedings. In Virginia, the case starts fresh in the circuit court.
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Old 01-28-2011, 10:32 PM
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Very, very often the court clerk of about any Court can quickly in understandable language answer your questions. Either phone or visit works well for most.

If you know any 'south of the tracks' types you might have them spread the word on this POS. Let their friends inside help welcome POS home.
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Old 01-28-2011, 10:37 PM
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I may visit the courtroom at his next appearance.
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  #8  
Old 01-28-2011, 10:43 PM
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Exclamation Easy.

Quote:
Originally Posted by TnBob View Post
Very, very often the court clerk of about any Court can quickly in understandable language answer your questions. Either phone or visit works well for most.
Go to the Hall of Justice and when you get there there, go to the County Clerk's office and give them the case number, and ask the deputy clerk at the counter if the Court Reporter has filed a transcript of the Preliminary hearing with the Court, yet. There should be an original and two copies, one for the District Attorney and one for the Public defender to pick up.

But the original one stays with the County clerk when it's stamped and filed.

That is the one you want to see, but you can't borrow it and read it at the counter until AFTER the Court reporter has compiled and transcribed and filed the transcript of the Prelim with the County Clerk's office.

That is how it worked in San Francisco's felony criminal division of the Superior Court 7 yearts ago. I was a deputy court clerk there who retired after 20+ years workng there, so I know about the routes and structures.

Probably works the same way today wherever you are.
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Old 01-28-2011, 10:57 PM
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Talking

Quote:
Originally Posted by Honus View Post
In Virginia, the General District Court holds a preliminary hearing to determine whether there is probable cause to believe (a) that a crime has been committed and (b) that the defendant committed it.
One of the Judges I use to work for in San Francisco felony Court, decided to mess with a brand new young Public Defender, once, and I heard him say THIS to the poor sap:

Well, there was a preliminary hearing: RIGHT?

And that means your client is PROBABLY guilty: RIGHT?


And where there's SMOKE, there's FIRE: RIGHT?


bua hahahahahahahahaha
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1995 E 420, 170k "The Red Plum" (sold)

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  #10  
Old 01-29-2011, 12:53 AM
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It can also mean that the court the case was currently residing in was not bonded for enough to hear the case...
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  #11  
Old 01-29-2011, 01:02 AM
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Originally Posted by kerry View Post
I may visit the courtroom at his next appearance.
Just sit up the back, well dressed & smile at the judge when he looks at you.
You can nod approval at anything the prosecutor says & frown & shake your head in disbelief when appropriate. Judges are very good at spotting a liar. Thats what they do all day every day.

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