Charged with a felony what happens now12.07.2020
What Happens in a Felony Case
Mar 26, · After a felony charge is filed, there will first be an arraignment where four things usually happen: The charge will be read to you, The Court will make certain that you have an attorney or are getting one, The Court will consider setting a bond by which you can secure your freedom pending trial, and; The Court will set a date for a preliminary hearing. Apr 08, · Ultimately, the felony Complaint will be bound over to the Circuit Court level and a felony Information will be filed in its place. The two documents, the Complaint and the Information, will be nearly identical with the exception of the new case number assigned at the Circuit Court level and the name of the charging lovestoryen.comon: Forsyth Blvd. Suite , St. Louis, , MO.
Getting charged with a felony can be a frightening experience especially if you are new to criminal charges from the state. If a serious crime is committed a felony case is pursued by a prosecutor to bring justice. Federal felonies are committed at the national level rather aa local level but both types of crimes carry similar punishment. Chared most common felonies committed are murder, rape, aggravated assault, theft and arson.
After a felony charge has been filed by the how to make mini pizza rolls, four things are bound to happen:. The next step to a felony case is the preliminary hearing where the onus is on the state to show that two things occurred:. At this point the state will have to prove beyond a reasonable doubt that you committed the felony crime before the grand jury passes its verdict. However, a cahrged conviction carries very serious and weighty punishment than mere misdemeanor.
If a person is found to be guilty of a felony crime, he or she will be looking at serious jail time and large fines.
If the crime is committed at a federal level the criminal is looking to serve time at a federal charged with a felony what happens now as opposed to local state prison. The death penalty is the most serious punishment in a felony conviction case and it is only given if an individual is convicted of murder.
Fortunately, an appeal process is mandatory but very complex and should be handled by a qualified defense attorney. In some other cases, if you have been convicted of a felony the court may require that you pay restitution to the victim. Restitution often comes in financial compensation to the victim in question.
More often than not, the penalty for a felony charge can include probation or parole but certain conditions have to be met. The conditions looked into are:. Probation is the suspension of jail time if the criminal has proven to be very cooperative. Some felony cases require that the culprit serve jail time sith probation is considered. If any of these conditions are broken, the criminal risk been set back to jail. Parole on the other hand is the conditional release of the convicted criminal x the full jail time has been served.
The criminal on parole must follow through with a strict set of rules and has to check in with a parole officer on a regular basis. Like probation, if a convicted criminal breaks any of the strict conditions frlony or she will be sent back to jail. Be advised that appealing a criminal conviction is a very hard thing to do and should only be attempted by a skilled attorney who knows what he is doing. If you have to get a conviction reversed, he will have to prove that mistakes have been made in the criminal qhat process during the initial trial.
Your email address will not be published. After a felony charge has been filed by the state, four things are bound how to reduce eyesight number naturally happen: The details of the charge will be read to you The court will make certain that you are adequately represented by an attorney. The court will move to set a bond to secure your freedom before the trial commences.
Finally the court will have to set a date for a preliminary hearing where your case will be heard before a judge. Uappens in a Circuit Court If you have been arraigned to a circuit court, there are usually five things that can happen: The details of the trail will be reread to you to make sure you understand the gravity You will enter a plea of guilty or not guilty As usual the court will make it certain that you are adequately represented by a defense attorney.
The court will secure a bond with limiting conditions to secure your freedom before the trial commences. You can employ the services of All-Pro Bail Bonds to make the bail bond process a hassle-free experience. Finally, the court will set a date for your trial At this point the state will have to prove beyond a reasonable doubt that you committed the felony crime before the grand jury passes its verdict. What are the penalties for a felony conviction? Probation and parole after a felony conviction More often than not, the penalty for a felony charge can include probation or parole but certain conditions have to be met.
The conditions looked into are: Past crime history Time spent in jail during trial or awaiting trial Probation is the suspension of jail time if the criminal has proven to be very cooperative. Leave a Reply Cancel reply Your email address will not be published.
I also discussed the Arrest, Bond and Arraignment portions of felony cases. In this post I will be discussing the Preliminary Hearing, what it is, what it involves and what it means for your felony case. A Preliminary Hearing is a right of the criminally accused who have been charged by way of a felony Complaint. As with any right of a Defendant's, it can either be enforced, in this case by having a Preliminary Hearing . May 21, · In a felony case, the discovery phase begins after the filing of a Felony Complaint or an Indictment. Discovery obligations of the Parties are mutual and continuing. There are rules in place governing how the parties are to exchange their documents and schedule interviews with witnesses. These discovery rules are enforced by the lovestoryen.comon: Forsyth Blvd. Suite , St. Louis, , MO. Sep 27, · After a felony charge has been filed by the state, four things are bound to happen: The details of the charge will be read to you; The court will make certain that you are adequately represented by an attorney. The court will move to set a bond to secure your freedom before the trial lovestoryen.comted Reading Time: 5 mins.
Regardless of what crime you are charged with, a felony is an extremely serious matter. If you are convicted of a felony, you are likely facing prison time, fines, and penalties that will punish you well after you have served your time. To have a chance to avoid these serious felony consequences, you need to take the proper steps from stage one of your case.
Here are the steps you need to take if you are facing a felony charge in California:. But your right to remain silent is not something that is just made up because it sounds good on TV.
The Fifth Amendment gives all of us the right to refuse to incriminate ourselves in a criminal case. The easiest way to avoid incriminating yourself is to remain silent. If you find yourself in custody, refuse to answer any questions and politely insist that you will not answer anything without a lawyer present.
You do not need to act hostile toward the police in order to exercise your right to remain silent. Politely tell police that you are choosing to exercise your Fifth Amendment rights. This might be one of the most difficult ideas to remember, especially if you believe you are innocent or do not know why the police are questioning you. Being questioned by authorities, who are often aggressive, can be frustrating and scary.
However, even if you believe you have been wrongfully arrested and that your rights have been violated, do not resist arrest or attempt to argue with police officers. Resisting will make you appear guilty and could result in additional charges being filed against you.
The single most crucial step in the process of defending yourself against a felony charge is to contact an attorney. Every moment you spend in custody without an attorney fighting for you hurts your case. It is extremely important for you to hire a criminal defense attorney the moment you are accused of a crime. The prosecutor will know all the technicalities of the law that you may not know, and most of all, they will know how to sell you on agreeing to a plea bargain that will seem like your best option.
Having your own attorney will even the playing field, and allow you to avoid taking what seems like an easy deal when it is likely not in your best interest. Additionally, your attorney can help you understand and exercise your rights so that you do not set yourself up for an easy conviction. The police and prosecutors will be working against you; you need someone with experience on your side fighting for your freedom.
Most people do not realize the difference between a misdemeanor and a felony. That means they often do not understand the severity of the crime they are accused of and the harsh potential consequences they face if convicted of a felony.
Generally, a misdemeanor is punished by time in county jail, a fine or both. A felony carries more severe potential penalties, including a prison or county jail sentence. In addition, you may have to pay restitution to the victim of the crime.
You could also lose certain rights once you are released from prison if you are convicted of a felony. For instance, you might lose your right to vote and your right to own a firearm.
You might be denied the chance to serve in the military or be denied a professional license. It is important that you understand the specific felony charges that you face and the severity of those charges.
Many people make the mistake of posting bail for a loved one as soon as they have been arrested. This is often a very bad idea, and it is especially bad in a felony case. You should first speak to an experienced criminal defense attorney who can help you make the best decision as to bail by doing the following:.
The first call that you should make after your arrest is to an experienced criminal defense attorney who can properly guide you through the complicated issue of posting bail.
If you speak to a lawyer before you post bail, you could save thousands of dollars. Your criminal defense attorney will need to know the most accurate information about your case in order to properly prepare for the case and provide with you with the most adequate defense.
Many people are afraid to speak the truth to their lawyer, which is why you should know that any information you share with your attorney is confidential. Your relationship is protected by attorney-client privilege. If your lawyer chooses to share the details of your case, he or she could face discipline from the state bar, which includes the possibility of losing his or her license to practice law.
Give your attorney an honest, detailed account of what happened. The more accurate information the attorney has, the better prepared he or she will be to give you the best defense possible. Unlike conversations with your attorney, those you have with your family and friends are not protected by confidentiality rules.
Anything you tell them can potentially be used against you. However, the rules are a little different when it comes to spouses. The California Rules of Evidence give spouses a certain amount of control over whether they will testify in a case against their spouse. Not only does the law permit your spouse to refuse to testify against you in court, but California Evidence Code Section also protects conversations between spouses, and gives both you and your spouse the right to prevent the other from disclosing what was said during your marriage.
So, while your spouse may be an exception to this law, the best course of action is always to tell your friends and family that you cannot talk about your case until it is finished.
This will help you avoid any potential damage to your case. One of the most imperative things we tell our clients who are accused of felonies to do is to write down the facts of the case immediately.
You will be better able to give your attorney accurate information if it is fresh in your mind, and the best way to ensure that it stays fresh is to write down what you remember about the events surrounding your arrest as soon as possible. Make sure to include where you were and who you were with when the crime took place. From the moment you are arrested, the prosecution will begin documenting everything it can about you in order to build a case to convict you. That is why you should prepare the most accurate information as possible.
Around the same time that you write down your statement of the events, you should also write down the names and contact information of any person who could possibly testify favorably on your behalf. Start by writing down the name of any witnesses who may have seen the alleged crime take place. Your lawyer will be able to follow up with these witnesses to see if their version of the events matches up with yours.
Additionally, you will also want to collect the name and information of anyone who could testify to your good character. These types of witnesses could help your felony attorney show that you are not the type of person who would commit a felony crime. With a few exceptions, a person charged with a misdemeanor may elect to have their attorney make any appearance in court in their place, meaning the defendant can choose not to appear in court. That is not the case if you have been charged with a felony.
California Penal Code section b requires that for any felony, the defendant must be present for the arraignment, the time of plea, preliminary hearings, any portion of the trial where evidence is presented to the judge or jury, and the imposition of the sentence. The law places the burden on you as the defendant to know when these events are happening, and to be present for them.
Work with your criminal defense lawyer to create a calendar of the hearings involved in your case. Make sure you set yourself reminders and alarms so that you do not miss these court dates. Failure to appear in court as scheduled not only makes you look bad for your felony case, but it also could result in a warrant being issued for your arrest. A felony charge is a serious accusation with potentially life-changing consequences. If you or someone you care about has been charged with a felony, you will need an experienced and aggressive attorney to help you in your case.
Let us help you, too. We will be there when you call. Paul Wallin is one of the most highly respected attorneys in Southern California. His vast experience, zealous advocacy for his clients and extensive knowledge of many areas of the law make Mr.
Wallin a premiere Southern California attorney. Wallin has been successfully representing clients for more than 30 years. Clients come to him for help in matters involving assault and battery, drug crimes, juvenile crimes, theft, manslaughter, sex offenses, murder, violent crimes, misdemeanors and felonies.
Wallin also helps clients with family law matters such as divorce and child custody. View all posts by Paul Wallin. I would like to sincerely thank you for helping me with obtaining my Certificate of Rehabilitation.
I now realize the importance of obtaining a law firm that has years of experience in criminal law. The way the package was organized and presented to the presiding judge was very impressive to me. My brother was convicted of second degree murder in Los Angeles County. He was sentenced to 16 years to life in state prison. I hired Stephen Klarich from the law firm of Wallin and Klarich to work on his appeal. But our shock turned into horror when he was charged with felony arson.
If you or a loved one have been accused of a crime, this is the time to contact us. Paul Wallin. Here are the steps you need to take if you are facing a felony charge in California: 1.
Remain Calm and Polite This might be one of the most difficult ideas to remember, especially if you believe you are innocent or do not know why the police are questioning you. Contact an Attorney Immediately Call a lawyer if you are charged with a felony. Do Not Post Bail Without Speaking to an Attorney Many people make the mistake of posting bail for a loved one as soon as they have been arrested.
Your criminal defense attorney can review the facts of the case and determine whether bail will likely be lowered or possibly have your loved one released without having to post bail. Your criminal defense attorney can tell you whether the charges are likely to be dropped at the arraignment. If that were to happen, the accused would be released from custody within two or three days without having to post bail. Your criminal defense attorney may determine that it is not a good idea to bail your loved one out of jail.
If it is likely that the judge will raise bail when the defendant appears in court at his arraignment, there would be a good chance that your loved one will be returned to custody.
You will not be able to have the bail bond fees you paid returned to you if that were to happen. Be Honest with Your Attorney Your criminal defense attorney will need to know the most accurate information about your case in order to properly prepare for the case and provide with you with the most adequate defense.
Write Down What You Remember One of the most imperative things we tell our clients who are accused of felonies to do is to write down the facts of the case immediately. Make a List of Witnesses Around the same time that you write down your statement of the events, you should also write down the names and contact information of any person who could possibly testify favorably on your behalf.
Attend All Court Proceedings With a few exceptions, a person charged with a misdemeanor may elect to have their attorney make any appearance in court in their place, meaning the defendant can choose not to appear in court.