If you hired an attorney to represent you there must have been a reason. If there is no charging document servrd or arrest made you had no reason to have an attorney or be in court. If the value of the goods does not add up to $1000.00 then your attorney should be able to show that. You need to ask your attorney these questions. He must explain it all to you. If you no longer have an attorney, many of us offer free consultaions. Feel free to ask.
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There is more than one way for the prosecution to bring charges. While a complaint in preliminary hearing in the District Court is one way, the other way is to seek a grand jury indictment and bring charges directly in Circuit Court.
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You should direct this question to your lawyer. From what you describe, due process was not ignored. The case was origibnally in District Court (where is should have been). Because you faced a penalty of more than 90 days, you had the right to have a jury trial. Your lawyer asked for a jury. Jury trials only take place in the Circuit Court (the "higher" court). I am sure your attorney had a stratigic purpose in moving the case. You should bring all the issues up with him/her.
In terms of the charging document and arrest issues, everything seems fine. You don't have to be arrested. You could be required to appear if the commisiioner issues a summons. You would not be entitled to a preliminary hearing because the charge was within the jurisdiction of the District Court.
You really should discuss these matters with your lawyer.
Please understand, without forming an attorney/client relationship this office is not providing legal advice. We are simply providing general information which should not be acted upon without careful consideration and the assistance of an experienced attorney.Ask a similar question