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What does bound to circuit court mean?
Anonymous3 views3 answers
My ex husband was charged with CSC in the 2nd degree. The girl was 13 at the time and is now 14. When I talked to the court clerk this morning, she told me that the case had been bound to circuit court. What does that mean? What are the sentences for people that have been charged with that?
Bound over means that the case has been moved from district court to circuit court, which occurs in all cases that involves felony charges. The jurisdiction for a felony lies with the circuit court and not the district court; therefore, a circuit court must decide the felony matter. The maximum sentence for this crime is 15 years; however, an actual sentence for this individual going to be difficult to say without looking at all the facts of the case, the prior criminal history or the individual, and what he actually pleas to or is convicted of. He needs to hire or have an attorney appointed for him. These are serious charges and needed to be handled with care.
It means that the charge is a felony and has been bound over to circuit court because circuit court US the court that has jurisdiction over felonies. The maximum penalty for this offense is fifteen years.
It means that the case has been transferred from District Court to Circuit Court. This can be because the judge bound over at a preliminary examination. That is, that one or more witnesses were called, and the district judge found probable cause to believe the defendant committed the crime. A bindover can also be based upon a consent or waiver by the defendant.
All felony cases start at District Court, but do not go to trial until there has been a bindover to Circuit Court, issued by a District Judge.
Second degree csc carries a maximum sentence of 15 years. The minimum is likely to be within the sentencing guidelines, whose scoring will depend on the facts.