Felonies are crimes that are generally punishable by more than one year’s imprisonment.  There are several basic “benchmarks” in any felony case:

PRE-FILING OF A FELONY COMPLAINT:

Once the police receive information that a felony offense has occurred, they conduct an investigation and decide whether or not to make an arrest. The police can effectuate an arrest if the police have probable cause to believe the accused has committed a felonious crime. Usually, all of these things occur nearly simultaneously: the police are dispatched to an incident reported by a "victim", an investigation occurs at the scene of the alleged crime, and an arrest is made of the suspect upon probable cause. In the alternative, and not as common an occurrence, the police are notified that some illegal activity is taking place and they do not make an immediate arrest. Armed with whatever information they have, the police will conduct an ongoing investigation, and then later decide whether or not to make an arrest.

If you have been arrested for a felony offense, or believe you are being investigated for a felony offense, it is time to contact an attorney. There are many important decisions affecting your liberty that need to be made before stepping foot in a courtroom.

If you have already been arrested, an attorney can help coordinate bail to get you released. The universal rule is that fighting a case from out of custody is always better than fighting it while in custody.

If you have not been arrested, and the case has not yet been filed with the District Attorney, sometimes an attorney can conduct an independent investigation, interface with the police, and help thwart the case from even being filed. This, obviously, is the best possible outcome. If the police still decide that an arrest is going to be made, an attorney can help coordinate bail or a surrender date. An attorney can help you avoid the embarrassing situation of being arrested at your home or your place of work.

ARRAIGNMENT:

This is the first court appearance in a felony case. If you are in custody, this will take place within a few days. If you are out of custody, usually it will take place within a few weeks of your arrest and release.

At this hearing several things happen. The defendant appears before a judge and has the opportunity to have their criminal charges read to them. The judge then determines whether to release the defendant on their own recognizance (out of custody), or what bail amount will be set. An attorney is imperative during this process. The determination of bail during an arraignment usually involves argument or negotiation in open court with the judge and the District Attorney. With a large number of cases on their calendar, judges usually will not listen to every unrepresented defendant asking to be released on their own recognizance, especially in a felony case where the charges may be perceived as serious. A lawyer, however, will be given much greater latitude to negotiate, and will increase your chances at release, or a lowered bail amount.

In addition to bail being set at the arraignment, a plea is usually also entered. Typically, the plea entered is "not guilty", and future dates for a "pre-trial conference" and a "preliminary hearing" are set.

Finally, the District Attorney will provide your attorney a copy of the complaint against you, as well as the initial "discovery" on the case. This discovery typically includes the police reports describing the alleged crime, and any other initial reports regarding the investigation conducted, or evidence collected.

PRE-TRIAL HEARING:

This is a hearing that takes place so that the prosecutor and defense attorney can discuss the case. If a plea bargain is going to be entered into, this is the first stage of the negotiations. The two attorneys will usually discuss the merits of the case, how strong or weak it is, and what mitigating or aggravating factors exist for this particular defendant and the conduct alleged to have occurred. Based on these factors, a plea bargain is either agreed upon or not. This type of negotiating typically takes place over the course of several hearings, not just one. If a resolution cannot be reached, or if the case is going to proceed to trial, the case may move to the next stage called a "preliminary hearing".

PRELIMINARY HEARING:

At a preliminary hearing, the prosecutor is required to present evidence in front of a judge showing that probable cause exists to believe that a felonious crime was committed, and that such a crime was committed by the defendant. The burden of proof is very low, and the prosecutor is usually only required to present the testimony of the arresting or investigating officers. If the judge believes that there is probable cause, the defendant is then "held to answer" for the charges.

The preliminary hearing is a useful tool for both the prosecutor and the defense. Both sides get to see some of the strengths and weaknesses of the case. It is an opportunity for the defense to find out what investigation was done, what was lacking, and what needs supplemental investigation. This new information can be a useful bargaining chip if the prosecutor's case is weak and the defendant wants a better plea bargain.

ARRAIGNMENT ON THE INFORMATION:

If a defendant is "held to answer" after the preliminary hearing, a second arraignment occurs shortly thereafter. A similar process occurs as before, but now the defendant sets a trial date instead of a preliminary hearing date.

PRE-TRIAL HEARING:

Again, a pre-trial conference is held where the prosecutor and defense attorney discuss the case. If the case is going to trial, then the defense attorney makes sure that they have all the available discovery information from the prosecutor. If the case is still up for negotiation, then plea bargains are against discussed based on all the information at hand, including the preliminary hearing. Usually both attorneys have a very strong grasp on the strengths and weaknesses of each side and a resolution can be made. If not, then trial proceeds.

TRIAL:

The defendant has a right to be tried within 60 days of the second arraignment. Whether trial occurs within that time period or not, the trial itself is somewhat similar to what you have probably seen on TV. The prosecutor has the burden of proving each crime charged beyond a reasonable doubt. If they cannot carry this burden, then the defendant is entitled to an acquittal of those charges.

Trial begins with opening statements, followed by the presentation of witnesses and evidence, and, finally, closing arguments. Afterwards, the judge instructs the jury on the appropriate laws, and the jury's job is to apply the evidence presented at trial to the law given by the judge. If the jury reaches a unanimous decision, a verdict is rendered: guilty or not guilty. If they are "dead-locked" and cannot reach a decision, then a mistrial is declared and a new trial must be had.

If the verdict is not guilty, the case is over and the defendant is acquitted of the charges.  The defendant, if in custody, would be released immediately on that case.  A not guilty verdict ends all prosecution of the case, and the District Attorney cannot again file charges against the defendant.

If the verdict is guilty, the defendant is then sentenced by the judge. The sentence range depends on the crime committed, the defendant's prior criminal history, and any mitigating or aggravating factors. Probation, county jail, and prison are all possibilities, depending on the circumstances of the particular crime.

APPEAL:

If convicted, the defendant has the right to appeal his conviction.  The appellate courts will examine any legal errors that occurred during the trial, but usually will not re-weigh the evidence.