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What Occurs in a Felony Case?
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· Arrest
- Police take defendant to jail/defendant remains in
custody/defendant taken to Court for arraignment
- If no charges are filed, the defendant is released
- Upon posting of bail, or if the defendant is released
on his/her "own recognizance” (O.R.), which
means the defendant is bound by a promise to appear,
an arraignment date is scheduled
· Arraignment on Complaint
· Preliminary Hearing
- Witnesses testify
- If the judicial officer finds insufficient evidence,
the defendant is released
- If the judicial officer finds sufficient evidence,
the defendant is held to answer in the criminal
trial department
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· Arraignment on Information
- Defendant is brought to court or appears if out of
custody
- Defendant is represented by a retained attorney or
an attorney is appointed if indigent
- Defendant is advised of his/her constitutional rights
- Bail is set or,
- Defendant is released on his/her "own recognizance"
- Pre-trial and trial dates are set
· Pre-Trial Proceedings After a Not Guilty
Plea
- Discovery is exchanged between the prosecution
and the defense attorneys. This includes police
reports, blood test results, photographs, etc.
- Motions may be filed to set aside the complaint,
to dismiss the case, or to suppress evidence, etc.
- Defendant may change his/her plea to guilty or
no-contest
- A hearing will be held to attempt to settle the
case without going to trial.
Case doesn’t settle – proceeds to trial. (See: What Occurs
at Trial)
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