If you believe that you are under investigation for or have been charged with a felony, it is critical that you have an attorney as soon as possible. Often times, having an attorney to help you can mean the difference between being stuck in jail and being released. There are a couple of different ways that you may learn that you are under investigation for or could possibly be charged with a felony.

The first is if you are being held in custody on a 72 hour hold. If law enforcement has probable cause to believe that you have committed a felony offense, they can hold you in custody for up to 72 hours while thei investigation is completed and submitted to the prosecutor for a determination if felony charges will be filed. Often times you will have a “first appearance” where the judge will determine if there is “probable cause” to believe that you committed a felony offense. If the judge determines there is no probable cause to believe that you committed a felony offense you could be released. If the judge determines there is probable cause to believe you committed a felony offense or some other lesser offense you can be held. The judge will typically set bail at this stage of the case.

The second way that you may learn that you have been charged with a felony offense is by receiving an arraignment letter. The letter typically advises you must appear in court on a date and time certain. You will be asked your name and asked to enter a plea. After you enter a plea, the court or the court staff will give you notice of your next court date which is typically called “case setting.”

1. Case Setting
2. Omnibus Hearing
3. Trial
4. Sentencing

Case Setting

After arraignment a case setting hearing will typically be scheduled. Case setting is an informal hearing where the prosecution and the defense have an opportunity to discuss the case. By this time, your attorney should have had an opportunity to thoroughly review the police reports, discussed them with you and begin the negotiation process with the prosecutor. Any outstanding discovery or other reports is exchanged at this time. If a resolution is reached a plea can be entered, otherwise the case is set for trial and an omnibus hearing is scheduled.

Omnibus Hearing

An omnibus is scheduled when a case has been set for trial. Between case setting and omnibus, an attorney will typically investigate the case further by interviewing witnesses and obtaining additional necessary documentation. At this stage, motions can be noted and scheduled and if both sides are prepared for trial, the case will then proceed to trial.

Trial

A felony trial can last anywhere from 2 days to 3 months, depending on the number of witnesses and the complexity of the case. In most felony trials, motions may sometimes be brought and heard prior to selecting the jury.

A motions hearing is a hearing in front of the judge with the prosecutor present where your attorney can legally challenge the prosecutors evidence in your case by bringing a motion.. There are many different motions that an attorney can make and what motions are brought will depend on the facts and circumstances of your individual situation. These motions can include but are not limited to challenges to the stop of your car, any statements that you may have made or 911 calls . The purpose of the motion is to exclude various pieces of evidence the prosecutor will use to try and convict you of the offense.

If your attorney is successful in litigating these motions and evidence is suppressed or excluded, it can result in dismissal of the charges or a more favorable plea bargain offer. If the charges are not dismissed or no acceptable plea bargain has been reached, the trial will start with jury selection.

The first step is selecting a jury called voir dire. Both the prosecutor and your attorney can questions prospective jurors to ensure that they can be fair and impartial to both sides. Both the prosecutor and the defense can excuse jurors that cannot be fair and impartial.

After the jury is selected, the prosecutor gives their opening statement. This is a summary of what anticipated evidence. Your attorney can also give an opening statement at this time or wait until the defense case begins.

The prosecutor presents their case by calling witnesses. The defense is allowed to ask questions of the witnesses through a process called “cross examination.” After the prosecution has presented all of their evidence they conclude their case by “resting.” The defense can then being to present their evidence if they so choose. The defense is not required to present any evidence and can simply rely on the lack of proof or inadequacy of the prosecutor’s case.

After all of the evidence is presented, the judge instructs the jury on the law of the case. The prosecutor and the defense present their closing arguments and the jury then commences deliberation, or a discussion of the law and the evidence. Deliberation can last a few minutes to days, depending on the jury. The jury can vote to acquit, convict or be deadlocked (unable to reach a unanimous verdict).

If you are acquitted, you are discharged from any further obligation to the court. If you are convicted, the next step will be sentencing which can take place after the trial or on a different date. If the jury is deadlocked, the prosecutor could dismiss the case, retry the case or offer a more favorable plea bargain.

Sentencing

Sentencing is a hearing at which time the judge imposes your penalty. This will depend on the specific crime that you were convicted of, your past criminal history (if any) and the facts and circumstances of your case. In most felony cases there is a presumptive range that the court will impose.