Felony Charges

Pre-Arrest

First and foremost, when someone is suspected of committing a felony, a pre-arrest investigation is likely to take place. During this time, the suspect has not yet been arrested, and charges may not have been filed yet. This is the time when you should reach out to an experienced criminal defense attorney. With proper legal help, an attorney can:

1. Assist with surrender (which in some cases can prevent an arrest from occurring),
2. Potentially stop charges from being filed or minimize the charges filed, and
3. If appropriate, redirect any accusations into an informal resolution.

The pre-arrest phase is also when a search warrant can be issued, but that doesn’t always occur. When it does, whoever is suspected of a felony can be subject to having their workplace, house, and even property inspected.

The Arrest

Sometimes a suspect is arrested at the scene of a crime.  However, there are instances when law enforcement must gather enough evidence to establish probable cause to make an arrest.  In these instances, once law enforcement feels they have gathered enough evidence to support an arrest warrant, a judge must grant and sign the warrant.

Upon arrest, the suspect can either be immediately charged or not. However, he or she will be fingerprinted, searched and questioned. One may be subject to more investigations upon arrest, but before charges are pressed. The District Attorney’s office is ultimately the entity that will bring formal charges against the accused. On most felony charges, with the exception of some, the District Attorney has up to three years to file charges against the suspect.

It is not advisable to speak with law enforcement without the guidance of an experienced criminal defense attorney. What you say can and will be used against you, whether you’ve been arrested or not. If you are facing criminal charges, contact the Paladin Legal Defenders to help guide you through this critical time.

The Initial Appearance (Arraignment)

Within two business days post-arrest, if the now “Defendant” is in custody, the Defendant will be brought in for an arraignment, where he or she will be told what charges have been brought. If the Defendant posted bail and is out of jail, the arraignment may be set at a later date. If a bail has not been set, or the Defendant wishes to ask for a lower bail, a bail hearing can be conducted to set or lower the bail on the case. Here, an experienced attorney can assist in saving the Defendant money by requesting a lower bail amount. Setting or lowering the bail amount is situational. It is dependent on what the charges are, how serious the case is and if the accused is a threat to the public. The purpose of setting bail is to make sure the Defendant attends all court dates.

At the arraignment, the Defendant is also required to enter a plea of guilty or not guilty.  Generally, in felony cases, a plea of not guilty is entered so that the Defendant (and his or her attorney) have the time to go over the evidence in the case in order to properly discuss a resolution with the District Attorney’s office and/or the Judge.

Pre-Trial Conference

When a plea of not guilty is entered, the court will schedule a pre-trial conference, generally within a few weeks from the arraignment date. At the pre-trial conference, the Defendant’s attorney will start discussions with the DA’s office to resolve the case.  At the pre-trial conference, the attorneys will discuss the evidence in the case, whether any motions will be filed, and what types on plea bargains are appropriate.  If the parties reach an agreement, the case may be resolved.

Preliminary Hearing

If a resolution is not reached in the pre-trial stage, the case is set for a preliminary hearing. During this hearing, the DA is required to show there is enough evidence against the Defendant to move forward with the charges against him or her. The hearing is held in front of a judge, and generally, the DA will call some of their witnesses to testify. Usually, law enforcement officers involved in the arrest will testify at this hearing. The defense is allowed to cross-examine the witnesses.

Trial for a Felony Charge

There are two types of trials in California: a bench trial or a jury trial. In a bench trial, there is no jury, a judge will hear the evidence and determine if the defendant is guilty beyond a reasonable doubt.  In jury trials, a jury of twelve people will be selected to hear the evidence and determine whether the defendant is guilty beyond a reasonable doubt.

In a jury trial there is a jury selection process where both parties have the opportunity to question potential jurors to make sure that they will be fair and impartial.

Once, the trial starts, both parties give an opening statement.  Then the parties will begin to call their witnesses.  Each witness is examined (questioned) by the party in which he/she was called, and then the opposing party will have the opportunity to cross-examine that witness.  A defendant in a criminal case is protected by the 5th Amendment of the United States  Constitution from being required to testify at trial, but he/she can testify if he/she chooses.  After all of the evidence has been presented, each attorney makes closing arguments.

If the trial is a jury trial, the Judge will give instructions to the jury and they must reach a unanimous decision.

Verdict for a Felony Charge

Sentencing comes after someone is found guilty of the charge(s) against them. The judge creates a punishment at an official hearing for the charge(s). The accused’s lawyer will typically fight for the shortest prison sentence. In some extreme cases, the attorney has to argue for their client to have life in prison to avoid them receiving the death penalty. The court will usually order a report from a probation department that assists in the final verdict.

In the long run, the judge’s ultimate decision is final. If one is convicted of a felony, he or she has 60 days to file an appeal. However, if a death sentence has been ordered for the accused, an appeal is automatically created.