Felony Cases

Felony Case Lawyer in Los Angeles and Ventura County

What happens in a Felony Case?

Felonies are crimes which can result in a State Prison sentence. For example, murder, narcotic sales, rape, etc. The Court hears felony preliminary trials to determine if the accused should be "held over" for trial. This means that the judicial officer believes that there is sufficient evidence for the accused to stand trial. An information is filed and the Defendant is then arraigned on the information in Superior Court, with a subsequent trial.

Generally what happens in a Felony Case is as follows:

An arrest is made and police take Defendant to jail

    • Defendant remains in custody. The Defendant is taken to Court by Sheriffs for arraignment
    • If no charges are filed, the Defendant is released
    • If the Defendant bails out or is released on his/her "own recognizance" (O.R.), it means the Defendant is not considered a flight risk and is bound by a promise to appear, and an arraignment is scheduled

An Arraignment is Scheduled

    • Defendant is brought to court
    • Defendant is informed of charges against him/her
    • Defendant is advised of his/her rights
    • Defendant enters a plea of Guilty, Not Guilty or No Contest
    • Not Guilty means that the Defendant does not admit to committing the crime charged
    • Guilty means the Defendant admits to committing the crime charged
    • No contest means that the Defendant will not contest the charge. A No Contest plea has the same effect as a Guilty plea, except that the conviction cannot be used against the Defendant in a civil suit
    • Bail is set, or
    • Defendant is released in his/her "own recognizance (O.R.)," which means the Defendant is not considered a flight risk and is bound by a promise to appear

Preliminary Hearing is Scheduled

    • Witnesses testify
    • Issue: Is there a "strong" suspicion to believe that the Defendant is guilty?
    • If the judicial officer finds insufficient evidence, the Defendant is released
    • If the judicial officer finds sufficient evidence, the Defendant is held to answer to the Superior Court

Arraignment

    • The District Attorney files and Information
    • The Defendant is arraigned on the Information
    • The Defendant again enters a plea

Pre-Trial Proceedings

    • Pre-Trial Motions are filed, for example, to suppress evidence

Jury Trial

    • A Jury is selected
    • Witnesses testify
    • Evidence is presented
    • The judge instructs the Jury on the law
    • The Jury decides the Guilt or Innocence

Sentencing

    • The Defendant may be sentenced immediately, or the judge may postpone sentencing to allow the Defense to prepare a Sentencing Memorandum

Appeal

    • If the Defendant loses the Trial, he/she may appeal to the Appellate Department of the Superior Court

If you would like more information regarding Felony Cases in Los Angeles and Ventura County, feel free to contact us.