Tag: Charges

  • What Is Drug Court in District of Columbia Superior Court?

    [ad_1]

    There are drug courts throughout the Country. Generally, they are special courts designed to treat people who have an addiction cases and are in the criminal justice system. There are currently more than 2,450 Drug Courts operating throughout the United States with all 50 states having a program. District of Columbia Superior Court Drug Intervention Program (SCDIP) has been in operation for over 20 years. SCDIP is a voluntary program.

    Criminal defense attorneys who make a blanket statement "I don't have clients do drug court" are doing a disservice to their clients especially if the reason they are in criminal justice system is for addiction. Good criminal defense attorneys will explore all options including participating in this program.

    Over the course of the last year, SCDIP has gone through some major changes. SCDIP requires a minimum participation of 5 months. This article gives a brief overview of how the typical defendant enters District of Columbia Superior Court Intervention Program.

    The client comes into the criminal justice system either charged with a misdemeanor or a felony case in DC. Superior Court. It should be noted that SCDIP is only applicable to charges prosecuted by the United States Attorneys Office for the District of Columbia. The Attorney General for the District of Columbia criminal prosecution division does not participate in SCDIP; and therefore, serious traffic charges are not eligible.

    Misdemeanor cases Intake

    The defendant reports for arraignment (initial charge). Thereafter, the case is set for status. The Court at arraignment may impose an evaluation and if positive program placement. If the positive test pretrial may order an addiction severity index (ASI). ASI is an evaluation where a drug counselor expert advises what treatment is required of the defendant.

    At the status hearing, pretrial services may recommend drug court as an option. If pretrial services recommends drug court, the government will be given 2 to 3 weeks to screen whether they will allow participation in drug court. The case will be set for an additional status hearing.

    At the final status hearing, if pretrial services and us attorneys and the defendant agree the case will be certified to the drug court calendar on a Tuesday or Thursday.

    Upon successful completion of a misdemeanor case in drug court, the case will be dismissed.

    Felony cases Intake

    The defendant is presented on a felony complaint. The case is set for preliminary hearing. The court at presentment may impose an evaluation and if positive program placement. If the defendant test positive test for drugs, pretrial may order an addiction severity index (ASI). An ASI is an evaluation where a drug counselor expert advises the Court what treatment is recommended.

    If pretrial services recommends participation in drug court and the defendant ais willing, he may proceed without US attorney's recommendation. Unlike the misdemeanor the defendant may have 2 separate court dates, one before the felony judge and one before the drug court judge. In fact, the defendant can request a trial or plead guilty and still participate in drug court.

    If the United States Attorney's office approves for participation the defendant, the US Attorney's office may grant an Amended Sentencing Agreements (ASAs). If the defendant successfully completes the ASA, the government will agree to permit the defendant to amend his / her plea at the final sentencing date and plead to a lesser included misdemeanor charges instead of the felony.

    If the US attorney's office did not approve participation, upon successful completion of a felony case in drug court, the court may grant a term of probation but it is not guaranteed.

    [ad_2]

    Source by Mark Rollins

    Views: 0

  • The Lowdown on Annuity Fees

    With any type of financial product, there is always a chance that there are fees, and very high fees can eliminate almost any benefit to using the product. Keep in mind when reading this that every annuity contract is different. You are contracting with the insurance company for this annuity, so make sure you understand what you are signing. Know the fees and risks before you buy.

    The main word you want to look at when you are reading your contract regarding fees is the word “variable.” When fees are variable, they can get out of control. You may even end up realizing you were tricked by the insurance salesperson. For this reason, always work with someone who is certified and who is really interested in making sure your future is taken care of and not just after making money.

    Let’s look at a few variable fees that you might notice, and what they mean.

    * Administrative Expenses – This is a fee that is supposed to cover the mail you receive and other services that you get. It can be as high as 0.30% of the value of the entire policy each year. That could mean a payment as large as $3000 a year if you have a million-dollar valuation.

    * Mortality Expenses – Most annuities come with a death benefit too if you should die, and it helps guarantee that your beneficiaries get out of it what you have put in it before interest payments. These expenses can be quite high and up to as high as 1.5% of the value of your policy. If you had a million-dollar valuation, that would be another $15,000 a year.

    * Surrender Charges – When you buy insurance, sometimes the salesperson or agent is paid commission right away. The problem with this is that you can always cancel your policy, and this protects the agent from loss by getting that money from you even if you cancel early.

    * Cost of Riders – You can add extra features to your policy, called a rider. But, if you want additional guarantees such as death benefits for a partner or loved one, there is a cost. Again, these can be costly and sometimes are 1% of the policy value every single year. 1000 dollars a year is a lot to pay.

    * Investment Expense Ratio – If you invest in a variable annuity, you will have an investment fee for the stocks and bonds that the fund is being invested in. This can be very costly, adding up to 2% of the value of your investment each year.

    At this point, you may be wondering if an annuity is even worth it. But realize that not all annuities have these fees. You can shop for annuities and find all types of fees, some higher than the ones listed and some lower. Knowing about the potential for enormous fees means that you can do your due diligence and avoid high fees so you can better protect your investment.

    Views: 0