What is the difference when a state criminal case is prosecuted in the District Court as opposed to the Superior Court?
A. There are too many differences, especially with regard to court rules and procedure, to even scratch the surface here. In a nutshell, the more serious crimes, such as murder, rape or armed robbery, amongst numerous other crimes, are prosecuted in the Superior Court. Sometimes, as in the case of a habitual criminal offender, cases that might otherwise be prosecuted in the District Court will instead be prosecuted in the Superior Court. A defendant is sometimes initially arraigned in the District Court and then later either indicted by a Grand Jury, or otherwise bound-over to the Superior Court after a Probable Cause Hearing in the District Court. The maximum allowable prison sentence for the conviction of any one count in the District Court is 2-1/2 years. The penalty and sentencing range is significantly greater in the Superior Court. A District Court prison sentence is typically served in a House of Correction, whereas a Superior Court prison sentence is typically served in a State
