Felony Traffic Offenses in Ocean City
A traffic felony is a violation of the Transportation Code that is specifically designated as a felony. Typically, what makes a felony distinguishable from a misdemeanor is that the potential jail sentence is significantly higher and the sentence is not served in a local detention center. The sentence would be served at the Division of Correction or a prison. Some examples of that are traffic felonies including offenses such as automobile manslaughter and homicidal DUI. If you are accused of these offenses or any other felony offenses it is imperative you consult with an Ocean City traffic lawyer as soon as possible to go over your case and begin building a defense.
Where Felony Cases Are Heard
If the individual is charged with a felony charge, their case is heard in the Circuit Court for Worcester County, located in Snow Hill. If a person is charged with a felony, the Circuit Court has jurisdiction over that case, not the District Court. The case would not be heard in Ocean City; it would be heard in Snow Hill, the County Seat for Worcester County.
Penalties for traffic felonies are much greater periods of incarceration than for traffic misdemeanors. For some of these felonies, the potential penalties could be 10 years in prison or greater. Depending on felony, there can be a significant prison sentence which is why contacting legal representation becomes so important. Unlike a traffic infraction or misdemeanors you are much more likely to be required to serve some jail time.
Appealing a Felony Conviction
Traffic felony convictions can be appealed just like any other appeal that a person has after a trial. If a person pleads not guilty, has a trial, and is convicted of an offense, the person has the right to appeal their case to the Appellate Court in Annapolis.
If the case is heard in the Circuit Court and the person wants to appeal their conviction, they appeal on the record. This means that the Appellate Court is investigating to determine if there was any error made in the judge’s ruling during the trial.
This is very different than appealing a case from the District Court to the Circuit Court. When someone appeals a case from the District Court to the Circuit Court, the kind of appeal they are getting is De Novo, which means they are getting a brand new trial. The person certainly can appeal a traffic felony conviction, but that appeal will be an appeal of the record and will be reviewed by Court of Appeals in Annapolis.
Importance of Legal Representation
If you are charged with a felony offense you are facing a serious charge that will not go away on it’s own. As a result, it is imperative you consult with a traffic lawyer in Ocean City as soon as possible to go over your case and begin preparing a defense. To learn more, call and schedule a consultation today.