Felony

All criminal justice proceedings begin at the arrest. But suppose you have been charged with a serious crime. Felony charges may land you in your county or your municipality’s jail. Under California law, because of your right to a speedy trial, you must be arraigned within 48 hours of your detention, without counting non-business days, such as holidays or weekends, or times when the court has to close. At the initial arraignment, things will proceed the same as arraignments for any other crime.

Entering a Plea

The judge will read you your charges, advise you of the consequences of those charges, and advise you of your right to an attorney. If you need time to seek a private attorney, you should advise the judge of this. If you cannot afford a private attorney of your own, you can ask that the court appoint a public defender for you. If your attorney is with you at this time, he or she can claim representation for you. You will also be able to enter in you plea at this time as well. You can enter one of the following pleas:

• Guilty: Pleading guilty to your charges means that you admit to committing the crime, and accept the sentencing and punishments that come with it. It is not very common for defendants to enter a guilty plea at their initial arraignment. For felony charges you will want to get a lawyer before even considering entering a guilty plea.
• Not Guilty: Pleading not guilty to your charges means you do not admit to committing the crime. If you are seeking legal counsel this is the first step in both plea bargaining and going to trial. If you have a lawyer he or she will have the opportunity to speak with the prosecutor after you enter your plea. Speaking with the prosecutor can allow you to “strike a deal” for lower charges.
• No Contest: A plea of “no contest” essentially works the same way as a guilty plea. It means you do not disagree with the charges against you, however it also means that your conviction on these charges cannot be used against you in civil court.

Bail

Felony crimes often result in the detention of the defendant. After a plea is entered you will be either released or you will have to post bail. The judge will set your bail amount based upon the crime, any danger you may pose to the community and the overall risk of you leaving or fleeing the state for your charges. If you must be detained, law enforcement will bring you to and from the hearing if you do not make bail.

Felony charges carry much more serious consequences than any misdemeanor charges and have the opportunity to affect your life for years to come. Because of this is, it is advisable to obtain an experienced defense attorney if you are facing any felony charges.

After the arraignment, you will be required to attend a hearing called the Preliminary Hearing. The purpose of the hearing is for the judge to determine if there is sufficient evidence that defendant committed the felony to “hold the defendant over” for a trial to take place. Think of this as a miniature trial. In essence, the prosecutor will be using evidence and witnesses to prove that there is probable cause to hold you on trial for the crime. The preliminary hearing can either take place directly after your first arraignment hearing, or if you waive your right to a speedy hearing, up to a few weeks afterward.

Burden of Proof

At the preliminary hearing, you are not on trial for your crime; the prosecutor is charged with adequately demonstrating that there is probable cause that you could have committed the crime. This means that instead of proving your guilt beyond a reasonable doubt, the prosecutor will be trying to prove that there is a reasonable possibility that a crime was committed and that you are the one responsible for committing it. The prosecutor must also be responsible for showing probable cause for any prior convictions they wish to factor in, any enhancements or aggravating circumstances to the crime, and any other relevant items that could affect your charges. Similarly the judge, instead of making the determination of guilt of innocence, must ascertain whether or not there is valid reason to move forward to a trial. The judge can either move forward with the trial, or if the prosecutor cannot prove sufficient probable cause, he or she can dismiss the entire case altogether, or the specific charges that did not have sufficient cause proven to move forward. The judge can also reduce a felony charge to a misdemeanor charge if he or she deems it necessary.

Your Defense

During the preliminary hearing, your attorney can put up as much of a defense for you as he or she could in a normal trial. Your lawyer is welcome to cross examine witnesses, show evidence, and a exercise a variety of motions. Your lawyer can move to suppress certain items of evidence, if they have been obtained illegally or if they are not pertinent to the trial. He or she can also move to dismiss the charges if there is not sufficient cause for there to be a trial.

Another motion that may come into good use during a preliminary hearing is the Pitchess motion, which calls into question the history of any misconduct of the officer that performed the arrest. Discovery may also be performed at this preliminary hearing as well, enabling your attorney to better prepare for the full trial, or to allow him or her to bolster a stronger defense at the preliminary hearing.

When you are being charged with a felony, you will have to undergo a preliminary hearing. If the judge determines that during the preliminary hearing, there is sufficient evidence and probably cause to hold your for trial, you will have to go to a second arraignment for your charges. After the preliminary hearing the prosecutor will file what is called the “Information.” What the Information consists of is a grand list of the charges that the judge has found probable cause in. Next you will have what is called an arraignment on the Information. This arraignment will be set within 15 days following the preliminary hearing.

Arraignment on the Information

Now that your charges have been formalized and the judge has deemed that the court will hold a case against you, you are going to face the judge with the confirmed charges. The judge will again read your charges, and inform you of your rights. At this point you will likely have legal representation with you, and your lawyer will advise you on what the next steps to be taken are.

Pleas

Similar to the initial arraignment, you will be given the chance to enter a plea in court. However, the arraignment on the Information means that whatever charges are listed are felony charges, and carry stricter penalties and associations. At an arraignment on the Information, you can enter a plea of:

• Guilty: If you have bargained or had some of the charged dropped or dismissed from the preliminary hearing, your lawyer may advise you to enter a “guilty” plea and accept the reduced sentencing. Again, since these are felony charges you may want to refrain from entering a guilty plea right way in order to discuss options with the prosecutor.
• Not Guilty: Entering a plea of “not guilty” for you arraignment on the Information will likely mean that you and your lawyer are going to attempt to bring the case to trial. This plea can also be used to further extend plea bargaining if possible. If you decide to bring the case to trial, the trial will take place within 60 days. You may also waive your right to a speedy trial if you and your lawyer feel that more time to prepare is necessary. If you choose to do this, you will want to have a date in mind beyond those 60 days. Additional, if no courts are available on the day you choose, the trial may be postponed further.
• No Contest: As with the original arraignment, a plea of “no contest” will mean the same thing as pleading guilty, again with the caveat that your conviction cannot be brought against you in civil court.

Bear in mind, in certain situations, you may need to confirm your trial. If this is the case, a trial confirmation means that you and your attorney have determined that the case cannot settle without a trial upon hearing what the prosecution has offered to settle the case. If you are without an attorney at this point, it is strongly recommended that you seek legal counsel immediately as the courtroom can become a confusing and unfriendly place the closer you get to trial.

Aside from any actions taken at the preliminary hearing, your lawyer can employ a number of potential motions for your case before the trial begins. If you have confirmed your trial date, your lawyer will already be in motion to put together preparations to strengthen your defense for the trial. When facing felony charges in a trial, preparation is absolutely the key element that separates a weak defense from a strong one.

Discovery

This is most often handled at the preliminary hearing, however, if your attorney needs items from the prosecutor to bolster your defense, you may see some discovery processes during the pretrial period.

Suppression

Oftentimes an overzealous or misguided officer will attempt to obtain evidence in a manner that does not comply with 4th Amendment rights. Evidence could be obtained without a warrant, obtained outside of the terms of the warrant, or obtained without probable cause. These pieces of evidence can be taken out of the case before the trial even begins through a motion to suppress evidence. Sometimes key pieces of evidence that are taken out of court can cause dismissal of charges or lower charges. If a prosecutor loses a key piece of evidence for some of the charges he or she is holding against you, he or she may choose to drop certain charges, or reduce the severity of the charges. Suppression motions are typically handled in writing, however, they can sometimes go to a hearing, where the judge will make a determination.

Dismissal

Your lawyer can also make a motion for the dismissal of the charges against you due to invalidity. This can be possible after the preliminary hearing, or after a suppression motion is approved. If the judge approves, some or all of your charges will be dropped or possibly changed.

Pitchess

The PItchess motion calls into question the conduct of the officer who performed your arrest. If the arrest was done with malice, and the officer has a history of brutal actions or misconduct, you may see the charges leveled against you rendered as invalid. This is a common motion for people who are victims of racial profiling, predatory policing, excessive force, evidence planting and entrapment. A Pitchess motion typically calls for a hearing between the judge and the officer in question. After the hearing, any relevant files will be released to the prosecution and your attorney.

Serna

A Serna motion is used to suggest a dismissal of charges based upon a violation of your right to speedy trial. If you spend a considerable amount of time between your arrest and your arraignment or trial your lawyer may want to argue that the delay was unconstitutional. This motion can also be used if the prosecutor deliberately delayed your case and especially if the effects of the delay were to the detriment of your defense.

While these motions are going on, it is also possible for plea bargaining to continue. The prosecutor may offer reduced sentencing and charges if any of your attorney’s motions are successful.

When the time for felony trial comes, the process will work the same as the misdemeanor once all pretrial motions and hearing are settled. After both the prosecution and the defense have confirmed their trial readiness, and exhausted all plea bargaining options, they can confirm the trial and it will be held on the agreed upon date. The trial process can be confusing and frightening for people who are not regularly involved in courtroom procedures. For people facing felony charges, this can be even more frightening as a felony conviction most often means jail time.

Jury Selection

Before the trial can even begin, the defense, the prosecution, and the judge must gather to select a jury to hold the trial with. Jury selection is a long process that involves both sides and the judge asking questions and making motions to either keep or remove potential jurors based on their perceived ability to make impartial and fair decisions. The process of jury selection is known as voir dire. During voir dire attorneys from both sides can reject jurors by issuing what is called a “challenge,” challenges come in two forms:

• For Cause: A challenge for cause is the motion to remove a juror based on a reason provided by the attorney. The judge makes the decision as to whether this cause is valid.
• Peremptory: A peremptory challenge is the motion to remove a juror without valid reason, or with no reason given. Each side only has a limited number of these to use.

The Trial

After the jury has been selected the trial will begin. The trial itself is a multi-step process that encompasses several elements and procedures.

1. Opening Statements: The first step to a trial is the presentation of opening statements from both sides. The opening statement is a brief overview of how each side will present their findings and evidence. In their opening statements neither side is allowed to perform any actual arguments, and instead they are to outline what they will attempt to show the jury.
2. Witness Testimonies and Evidence Presentation: This is the meat of the trial. Each side will present evidence and witness testimony, and the opposing side will have the opportunity to cross-examine each item presented. You and your attorney will likely be prepared for what will be on the stand because of pretrial proceedings and discovery.
3. Closing Arguments: The closing arguments are a summary and argument of each side. For the defense, this is their final chance to reach the jury before they deliberate. It is important to build a good case, but also important to stitch it all together will a good closing statement.
4. Jury Deliberation: After the case is heard, the jury will deliberate and determine whether you are “guilty” or “not guilty.” They will all vote upon your sentence, and you must be convicted both unanimously and beyond a reasonable doubt.
5. Verdict and Sentencing: Once your verdict has been served, if you are found “not guilty” you are free to go, however if you are found “guilty” the judge will sentence you to whatever punishment was deemed fit for the crime.