What Happens After Felony Arraignment?
Felony arraignment is a critical stage in the criminal justice process. After the arraignment, the court’s formal charging decision is rendered, and the defendant is advised of the charges they will face. But what happens next? In this article, we will delve into the key events that follow a felony arraignment and outline the criminal procedure.
Pre-Trial Motions
Following felony arraignment, both the prosecution and the defense will prepare and submit motions to the court. The purpose of these motions is to request specific orders, hearings, or judgments prior to trial. These pre-trial motions are often the most critical aspect of the case, as they can significantly impact the eventual outcome. Some common types of pre-trial motions include:
• Demurrers: The defendant’s attempt to have the charges dismissed due to errors or insufficient evidence in the prosecution’s case.
• Motion to suppress: The defense’s attempt to have specific evidence, typically physical evidence or witness statements, excluded from the prosecution’s case.
• Change of venue: A request to move the trial to a different location to ensure a fair and impartial jury.
Case Calendar
Once the pre-trial motions are heard, the court will establish a case calendar, which outlines the procedural steps to be taken leading up to the trial. The case calendar typically includes:
| Case Step | Timeline |
|---|---|
| Discovery | 10-30 days |
| Preliminary hearings | 5-15 days |
| Motion hearings | 3-5 days |
| Jury selection | 3-7 days |
| Trial | 1-3 days |
Pre-Trial Conference
The pre-trial conference is a critical event that can often lead to the resolution of the case. At this meeting, the prosecution and defense engage in informal discussions aimed at finding a mutually acceptable disposition, such as a plea bargain. If an agreement cannot be reached, the court may issue a formal "rule," outlining the parties’ expectations for trial. During this conference, important issues, such as trial scheduling and witness availability, are addressed.
Lineup or Identification Hearing
If a lineup or identification hearing is scheduled, witnesses who identified the defendant are required to appear and demonstrate the conditions under which they made their identification. The prosecution is responsible for summoning the witnesses and for conducting the hearing.
Pre-Trial Jury Trial
In some instances, the court may opt for a pre-trial jury trial, known as a "bench trial," to decide certain non-core issues. This allows the jury to weigh the evidence and reach a verdict before the trial proper. Such pre-trial trials might focus on issues like voir dire or eyewitness identification.
Felony Settlement Negotiations
Many felony cases are resolved through negotiations between the prosecution and defense. Felony settlement negotiations involve plea bargain agreements where the defendant agrees to plead guilty or no contest in exchange for specific terms, such as a reduced sentence, rehabilitation programs, or dismissal of certain charges.
Preparing for Trial
In anticipation of the trial, the prosecution and defense prepare crucial aspects of their cases:
• Witness lists and testimony: Both parties confirm their witnesses and anticipate testimony.
• Exhibit lists: The prosecution compiles lists of evidence and exhibits they intend to introduce.
• Charging decisions: The prosecution must finalize its charging decisions.
Going to Trial
Ultimately, the case is sent to trial, and the prosecution presents its case against the defendant. At the conclusion of the prosecution’s case, the defense begins presenting their case. Closing arguments and jury instructions typically follow.
Verdict and Post-Trial Procedure
Once the trial concludes, the jury (if present) deliberates to reach a verdict. A verdict will either acquit the defendant, find the defendant guilty, or, in rare cases, result in a mistrial.
If the verdict is guilty, the post-trial procedure typically follows:
- Pre-sentence investigation: An investigator assesses the defendant’s background, crime seriousness, and potential punishment.
- Sentence reduction or mitigation: The prosecution and defense may submit argumentations to reduce or modify the recommended sentence.
- Sentencing hearing: The court weighs factors, considers recommendations, and issues the final sentence.
- Appeals process: The convicted party, prosecution, or defense can file an appeal with higher courts to challenge the judgment.
Conclusion
Understanding what happens after a felony arraignment is critical to navigating the complexities of the criminal justice process. A thorough knowledge of pre-trial procedures, including pre-trial motions, the case calendar, and negotiations, is crucial to ensuring the best possible outcome for all parties involved. As cases progress toward trial, defendants and prosecutors should remain informed about upcoming procedural events, such as jury selection and lineup or identification hearings. By recognizing these crucial milestones, attorneys can effectively strategize, ensure the fairness of the system, and advocate for justice.
