Felony

Felonies

Felony charges are much more serious than misdemeanor changes as they carry much stiffer penalties and a longer process. Felony crimes are punishable by a state prison term or death. Common examples of felony crimes are murder, possession of dangerous drugs for sale, robbery and rape.

The processing of a felony usually follows this order:
- Arrest
- Arraignment
- Preliminary Hearing
- Second Arraignment
- Jury Trial
- Court Trial

Arrest

An arrest is made - police take the defendant to jail. Three things can happen:

The defendant is released - no charges are filed.
The defendant posts bail/bond or is released on his/her own recognizance ("O.R.") and is scheduled for arraignment.
The defendant remains in the custody of law enforcement and is transported to court for arraignment.

Arraignment

A felony arraignment on the complaint is the defendant's first Court appearance. The following events occur:

The defendant is informed of the charges against him or her.
The defendant is advised of his or her constitutional rights.
If the defendant cannot afford an attorney of his or her own choice, an attorney is appointed by the Court.
The defendant enters a plea of guilty, not guilty or no contest. / Not Guilty: The defendant states that he or she did not commit the crime. / Guilty: The defendant admits that he or she committed the crime and is in effect convicted. / No Contest: Also known as "Nolo Contendere." The defendant does not contest the charge. This plea has the same effect as a guilty plea, except that the subsequent conviction cannot be used against the defendant as evidence of liability in a civil suit.
The Court sets bail and the defendant is remanded to custody, or the defendant is released on his or her "Own Recognizance" or "O.R."

Preliminary Hearing

A preliminary hearing is held to determine if there is sufficient evidence that the defendant committed the crime and should therefore be "held over" for trial. While this proceeding is conducted like a mini trial, the defense's right to put on evidence is limited. This stage of the proceeding can be used by the defense to lock in witness testimony. Once witnesses testify under oath, they are bound by that testimony forever. If evidence is gathered between the preliminary hearing and trial that contradicts testimony given at the preliminary hearing, the defense has a greater opportunity to impeach the witness and weaken the prosecution's case.

Second Arraignment (Information)

Once a defendant is "held to answer," the prosecuting agency files a document called the Information. The defendant will subsequently be arraigned on the Information at which time he or she will enter a plea and proceed to trial.

Jury Trial

Section 1382 of the Penal Code specifies the time periods within which a defendant charged with a felony must be brought to trial.

The Information must be filed within 15 days of the date the defendant was "held to answer" at the preliminary hearing.

The trial must begin within 60 days of the arraignment on the Information, unless the defendant enters a general waiver of the statutory time requirement or requests/consents to a date beyond the 60-day period.

Before a trial can begin, the attorneys must select a jury. During the trial, witnesses may testify and evidence will be presented. At the conclusion of the trial, the jury must decide if the defendant is guilty or not guilty. If the jury finds the defendant is not guilty, he or she is released and cannot be tried again for the same crime. If the defendant is found guilty, the case will be continued for sentencing, or the defendant may be sentenced immediately. The defendant may appeal a conviction to the Appellate Department of the Superior Court.

Court Trial

In lieu of a jury trial, the defendant may agree to proceed with a court trial, in which the judge hears the evidence and arguments and finds the defendant guilty or not guilty. This process is much more efficient than the jury process; however, you must be careful assess the risks of both. Judges are human and thus susceptible to bias as well. Moreover, a jury of twelve will involve a diversity of opinions and experiences that could work to the defense's favor. If the issue is one that is likely to be better assessed by a single judge, then a court trial should be preferred.