What Happens After Arraignment for a Felony?
The legal process after an arraignment for a felony is complex and can vary depending on the jurisdiction and the specific circumstances of the case. Here, we’ll outline the typical steps that occur after an arraignment and what defendants can expect during this process.
1. Post-Arraignment Hearing
The post-arraignment hearing is usually held within 24-48 hours after the arraignment. At this hearing, the prosecution and defense present their evidence and arguments to the court. The goal of the hearing is to determine if there is probable cause to believe that the defendant committed the crime, and to set the trial date.
- Evidence and Testimony: The prosecution will present evidence and witnesses to prove that the defendant committed the crime. The defense will present evidence and witnesses to argue that the prosecution’s evidence is flawed or that there is reasonable doubt.
- Preliminary Hearings: If the defendant is unable to post bail or has no money for a lawyer, a preliminary hearing may be held. At this hearing, a judge determines whether there is enough evidence to send the case to trial.
2. Bail and Release
After the post-arraignment hearing, the court will decide whether to release the defendant on bail or hold them in custody. The purpose of bail is to ensure that the defendant appears in court for future proceedings. If the court sets bail, the defendant or someone on their behalf must post the bail amount to secure their release.
| Bail Types | Description |
|---|---|
| Cash Bail | The defendant must post the full bail amount in cash |
| Bail Bond | A bail bondsman guarantees the bail amount in exchange for a fee |
| Release on Own Recognizance (ROR) | The defendant is released without bail, usually based on their background and the seriousness of the crime |
3. Plea Negotiations
If the defendant cannot afford to hire a private lawyer, the court will appoint a public defender. The defense and prosecution may negotiate a plea agreement during this time. A plea agreement is a deal between the defendant and the prosecutor where the defendant pleads guilty or no contest to a reduced charge or to a charge with a shorter sentence.
- Pros of a Plea Agreement: Reduced sentence, avoid trial risk, and certainty of the outcome
- Cons of a Plea Agreement: The defendant may admit to a crime they didn’t commit, and they may lose some rights and privileges
4. Pre-Trial Motions
The pre-trial motions phase typically begins after the post-arraignment hearing and lasts several months. During this phase, the defense and prosecution file and respond to pre-trial motions related to the admissibility of evidence, discovery requests, and procedural issues.
- Discovery: The prosecution is required to disclose all evidence they intend to use at trial to the defense
- Suppression Motions: The defense may argue that certain evidence should be suppressed because it was obtained illegally
5. Jury Selection
After all pre-trial motions have been decided, the court will set a trial date and begin jury selection. During jury selection, the court and lawyers for both sides will question potential jurors to determine whether they are biased or qualified to serve.
- Venire of Jurors: The court will randomly select a pool of potential jurors from the community
- Juror Challenges: The prosecution and defense may challenge certain jurors for bias or misconduct
6. Trial
The trial is the final stage of the process, where the prosecution presents evidence to prove the defendant’s guilt beyond a reasonable doubt. The defense may present evidence and witnesses to refute the prosecution’s claims and argue for the defendant’s innocence.
- Witnesses and Evidence: The prosecution will call witnesses and present physical evidence to support their case
- Closing Arguments: The prosecution and defense will give closing arguments, summarizing their case and arguing for a verdict
7. Verdict and Sentencing
After the trial, the jury will deliberate and return a verdict. If the jury finds the defendant guilty, the court will hold a sentencing hearing to determine the appropriate sentence.
| Felony Sentencing Guidelines | Description |
|---|---|
| Mandatory Sentencing: The judge has little to no discretion and must follow strict guidelines | Example: Life without parole for murder |
| Discretionary Sentencing: The judge has broad discretion to determine the sentence | Example: Up to 10 years in prison for drug trafficking |
Conclusion
The process after arraignment for a felony is complex and requires the involvement of both the prosecution and defense. While it’s impossible to predict the outcome, understanding the typical steps and possible outcomes can help defendants prepare and navigate the legal system. Remember to stay informed and consult with a lawyer for specific advice on your case.
