The Criminal Defense Process

THE TIMELINE OF A FELONY CASE

Each county has slightly different procedure, but most felony cases follow this basic timeline:

1) Arrest, Indictment or Summons - Initiates the criminal case.

2) Advisement of Charges - The Defendant is brought before the court and advised of the charges and the amount of bail that must be posted in order to be released from jail. If the defendant is in custody this usually occurs within 48 hours of arrest.

3) Preliminary Hearing (or Dispositional "Dispo" Hearing) - In cases where the defendant is charged with a class 3 Felony or higher, is in custody, or is charged with any crime whose punishment carries mandatory prison time, is a crime of violence, or is a sex crime, then the defendant is entitled to a Preliminary Hearing. At this Preliminary Hearing it is the District Attorney's (DA's) burden to produce evidence to the court showing probable cause to believe that the defendant committed the crimes he or she is charged with. If a person is charged with a felony that is not a class 3 felony or higher, is out of custody and is not charged with a crime of violence, a crime carrying mandatory prison time or a sex crime, then the defendant will not be entitled to a Preliminary Hearing and instead will appear for a Dispo Hearing to discuss resolution of the case with the DA. Regardless of which type of hearing the defendant is entitled to, he or she retains the ability to go to trial rather than accept any plea offer. Preliminary Hearings usually occur 2-6 weeks after Advisement, but must occur within 30 days of being demanded by the defendant.

4) Arraignment - At this hearing, the defendant is required to enter a plea of guilty or not guilty. If the defendant has reached a plea agreement with the District Attorney, he or she will enter a guilty plea and a sentencing hearing will be scheduled. If the defendant has not reached a plea agreement with the District Attorney, the defendant will enter a not guilty plea and the court will schedule a trial. The trial must begin within 6 months of the date of the not guilty plea.

5) Motions Hearing - This hearing will take place between Arraignment and Trial. It is an opportunity for the defendant's attorney and the DA to make legal arguments to the Judge about which pieces of evidence can be used at the Trial.

6) Trial - Felony trials are tried to a jury of 12 except in rare circumstances. The defendant, through his attorney, can cross-examine the state's witnesses, and may, but does not have to, present evidence on his own behalf. A criminal defendant is never required to testify because he has a right to remain silent. A defendant is never required to prove his innocence, and the prosecution (DA) is always required to prove the defendant is guilty beyond a reasonable doubt. At the end of the trial, the jury will determine whether they believe the defendant is guilty of all, some, or none of the charges.

7) Sentencing - Only if the defendant was found guilty at trial, or entered a guilty plea, a sentencing hearing will be scheduled. At the sentencing hearing the judge will determine what the proper sentence should be. The defendant's attorney will have an opportunity to argue to the judge reasons that the judge should be lenient in his or her sentence. Sentencing hearings are typically scheduled 6-8 weeks after the entry of a guilty plea or of a trial in which the defendant is found guilty.