What to Expect if You're Charged With a Felony

Being charged with a felony can be one of the most daunting experiences of your life. The gravity of a felony charge, which can range from severe crimes such as drug trafficking to white-collar offenses like fraud, carries significant legal and personal consequences.

Understanding the steps involved from the moment of your arrest can make a substantial difference in your case. Here we will guide you through the essential phases of a felony charge, helping you navigate the complexities of the legal system and what you can expect at each stage.

If you or a loved one has been charged with a felony, it is crucial to seek expert legal representation immediately. An experienced felony defense attorney in Columbia can provide invaluable guidance, protect your rights, and build a robust defense strategy. Call Touma Law Group today at (864) 618-2323 to schedule a consultation and ensure you have the best possible representation during this challenging time.

How the Arrest and Booking Process Works for Felonies

The Initial Arrest and Booking process for a felony typically involves the following steps:

1. Arrest: Law enforcement officers arrest the individual suspected of committing a felony based on probable cause. The arrest may occur at the scene of the alleged crime or after an investigation.
2. Transportation to the Police Station or Jail: After the arrest, the individual is transported to the police station or jail for booking. During this process, their personal information, such as name, address, and date of birth, is recorded.
3. Booking: At the police station or jail, the individual undergoes the booking process. This involves fingerprinting, taking a mugshot, and searching for any weapons or contraband. The individual’s personal belongings are typically confiscated and stored securely.
4. Interrogation or Questioning: In some cases, law enforcement may question the individual about the alleged crime during the booking process or later during interrogation. It’s essential to exercise the right to remain silent and request legal representation before answering any questions.
5. Initial Appearance before a Judge: After booking, the individual may have an initial appearance before a judge, where they will be informed of the charges against them and their Miranda rights. The judge may also determine bail or bond conditions during this hearing.

Overall, the Initial Arrest and Booking process is the first step in the criminal justice system for individuals accused of felonies. It’s crucial to understand your rights and seek legal representation as soon as possible to navigate this process effectively.

What is an Arraignment?

During the arraignment for a felony, individuals can expect the following:

1. Formal Reading of Charges: The judge will read the charges against the defendant and ensure they understand the nature of the allegations.
2. Entering a Plea: Defendants are required to enter a plea of guilty, not guilty, or no contest. If they plead guilty or no contest, the case proceeds to sentencing. If they plead not guilty, the case moves to the pretrial phase.
3. Discussion of Bail: The judge may address bail or release conditions during the arraignment. Bail may be set based on factors like the seriousness of the offense, the defendant’s criminal history, and the risk of flight.
4. Appointment of Counsel: If the defendant does not have an attorney, the judge may appoint a public defender or allow time for the defendant to retain private counsel.
5. Scheduling of Future Hearings: The judge may set dates for future court appearances, such as pretrial conferences or trial dates.
6. Explanation of Rights: The judge will ensure the defendant understands their rights, including the right to remain silent, the right to an attorney, and the right to a trial by jury.

Overall, the arraignment serves as the formal beginning of the criminal court process for felony charges. Defendants should be prepared to enter a plea and adhere to any conditions set by the court while awaiting further proceedings.

The Pre-trial Process

The pre-trial phase for felony charges is a critical stage in the criminal justice process that occurs after the arraignment and before the trial. During this phase, several key activities take place:

1. Discovery: Both the prosecution and defense exchange information and evidence relevant to the case. This includes police reports, witness statements, forensic evidence, and any other documents or materials that may be used as evidence at trial.
2. Pre-Trial Motions: Attorneys for the defense and prosecution may file pre-trial motions to address various legal issues. These motions could include motions to suppress evidence obtained unlawfully, motions to dismiss charges, or motions to change venue.
3. Plea Negotiations: Prosecutors and defense attorneys may engage in plea bargaining discussions to resolve the case without going to trial. This involves negotiating a plea deal in which the defendant agrees to plead guilty to lesser charges or to accept a reduced sentence in exchange for avoiding trial.
4. Pre-Trial Conferences: The court may schedule pre-trial conferences to discuss case status, procedural matters, and any pending motions. These conferences provide an opportunity for the judge, attorneys, and parties involved in the case to address any outstanding issues and ensure the case is progressing toward resolution.
5. Witness Preparation: Both the prosecution and defense may prepare their witnesses for trial during the pre-trial phase. This could involve conducting witness interviews, reviewing testimony, and addressing any concerns or questions witnesses may have about the trial process.

Overall, the pre-trial phase is a crucial period in which the parties involved in a felony case work to prepare for trial or explore alternative resolutions. It requires careful legal strategy, thorough preparation, and effective communication between attorneys, clients, and the court.

What to Expect From a Trial for a Felony

The trial process for a felony charge typically involves several key stages:

1. Jury Selection: The process begins with jury selection, where the prosecution and defense attorneys, along with the judge, question potential jurors to ensure they are impartial and capable of serving on the jury. Once the jury is selected, the trial can proceed.
2. Opening Statements: Attorneys for both the prosecution and defense present opening statements to the jury. These statements provide an overview of the case and outline the evidence and arguments each side will present during the trial.
3. Presentation of Evidence: The prosecution presents its case first, calling witnesses and introducing evidence to support the charges against the defendant. The defense then has the opportunity to cross-examine prosecution witnesses and present its own evidence and witnesses.
4. Closing Arguments: After all evidence has been presented, both the prosecution and defense deliver closing arguments to the jury. These arguments summarize the evidence presented during the trial and attempt to persuade the jury to reach a favorable verdict.
5. Jury Instructions: The judge provides the jury with instructions on the law relevant to the case, including the elements of the charges, the burden of proof, and the standard for reaching a verdict. Jurors are expected to apply these instructions when deliberating on the case.
6. Jury Deliberation: Once the closing arguments and jury instructions are complete, the jury deliberates in private to reach a verdict. During deliberations, jurors discuss the evidence and testimony presented during the trial and work to reach a unanimous decision.
7. Verdict: Once the jury reaches a verdict, they return to the courtroom and announce their decision. The verdict may be guilty, not guilty, or, in some cases, a hung jury if the jurors are unable to reach a unanimous decision.
8. Sentencing (if applicable): If the defendant is found guilty, the court schedules a sentencing hearing where the judge imposes the appropriate punishment based on the severity of the crime and other relevant factors.

Throughout the trial process, both the prosecution and defense have the opportunity to present their case and advocate for their respective positions. The outcome of the trial is ultimately determined by the jury’s verdict or, in some cases, by the judge if the trial is conducted without a jury.

Post-conviction Options if You Are Convicted of a Felony

After being found guilty of a felony, individuals still have post-conviction relief options available to them. These may include:

1. Appeal: If there are legal errors or irregularities during the trial or sentencing, individuals can appeal their conviction to a higher court. This process involves presenting arguments to a panel of appellate judges who will review the trial record and determine if legal errors occurred that warrant a new trial or other relief.
2. Sentence Modification: In some cases, individuals may be eligible for sentence modification, where the court reduces or modifies the original sentence based on factors such as rehabilitation efforts, conduct during incarceration, or changes in sentencing laws.
3. Habeas Corpus Petition: A habeas corpus petition challenges the legality of a person’s imprisonment, alleging that their incarceration violates their constitutional rights. This option is typically pursued when all other avenues for relief have been exhausted.
4. Clemency or Pardon: Individuals may seek clemency or a pardon from the governor or president, respectively, which can result in a reduction or elimination of the sentence. Clemency is often granted based on factors such as rehabilitation, remorse, or unfairness in the original conviction.
5. Expungement or Record Sealing: Depending on the jurisdiction and the nature of the offense, individuals may be eligible to have their criminal record expunged or sealed, which can help mitigate the long-term consequences of a felony conviction on employment, housing, and other opportunities.

Navigating the post-conviction relief process can be complex, and it’s essential to seek guidance from an experienced criminal defense attorney who can assess the specific circumstances of your case and advise you on the most appropriate course of action.

The Long-term Consequences of a Felony Conviction

A felony conviction carries significant long-term consequences that can impact various aspects of an individual’s life. Firstly, it can severely limit employment opportunities, as many employers conduct background checks and may be hesitant to hire someone with a criminal record, especially for positions of trust or responsibility. This limitation can lead to financial instability and difficulty in securing stable employment or advancing in one’s career.

Additionally, a felony conviction may restrict housing options, as landlords often conduct background checks on prospective tenants. This can make it challenging to find suitable housing, particularly in areas with limited rental options or strict tenant screening policies. Furthermore, individuals with felony convictions may face social stigma and discrimination, impacting their relationships and community integration.

Moreover, a felony conviction can affect various civil rights, such as the right to vote, serve on a jury, or possess firearms, depending on the jurisdiction and nature of the offense. These restrictions can further marginalize individuals and hinder their ability to fully participate in civic life. Overall, the long-term consequences of a felony conviction extend far beyond the criminal justice system, impacting numerous aspects of an individual’s personal, professional, and social life.

If You Are Facing a Felony Call Touma Law

being charged with a felony is a daunting experience with significant consequences. However, understanding the legal process and your rights is crucial in navigating this challenging situation. Remember, you are entitled to legal representation and should seek the assistance of an experienced criminal defense attorney immediately.

With their guidance, you can better understand your options, build a strong defense, and work towards the best possible outcome for your case. Don’t face this situation alone – reach out to our Columbia defense law firm today for expert legal assistance and support. Your future is at stake, and we are here to help you protect your rights and secure the best possible resolution.