How Felonies Are Processed

Welcome to part three of my criminal process series. In the previous installments, we discussed how juvenile and misdemeanor offenses are processed. In this third installment, we will discuss felonies and how these offenses proceed through the criminal justice system.

Felonies are the most severe offenses in the American criminal justice system. Felonies include the most heinous crimes known to man. Some examples of felonies are murder, sexual assault, kidnapping, robbery, and fraud. Felonies generally carry sentences of more than 12 months and up to life imprisonment or sentenced to death.

Once the crime has been committed, there is usually an extensive investigation. The investigation will involve evidence being collected, such as fingerprints, DNA, and documents. The crime scene will be photographed to be used during trial. Often times, the offender is not caught for some time. The evidence will help authorities in identifying the offender and eventually leads to an arrest.

Once the offender is arrested, the offender is fingerprinted and photographed for identification purposes. Once this is done, charges are formally filed by the prosecutor's office. Once the charges are filed, the offender will have an initial appearance which will determine if charges will be dismissed or if the offender will be further processed.

Following the initial appearance, the offender will proceed to a preliminary hearing. During the preliminary hearing, the prosecution will detail the charges to the judge. At this time the judge will decide if the offender should be released on bail or if the offender needs to remain in custody. The bail is usually set with a limit depending on circumstances surrounding the case. Bail will be higher for those offenders who pose a flight risk. If bail is withheld, the offender is to remain in custody for the remainder of the process.

Following the preliminary hearing, the offender will proceed to appear before a grand jury. At this time the grand jury will decide to either indict the offender or refuse to indict. If the offender is indicted, the prosecution will proceed with information, which is a document that outlines the charges. If the grand jury refuses to indict, the offender must be released.

Following the indictment, the offender will proceed to arraignment. During arraignment the charges may be dismissed or reduced. If the charges are reduced, the case will be charged as a misdemeanor. If the charges are to remain as felonies, the offender will have a choice to plea guilty, not guilty, or no contest. If the offender pleads guilty, he or she will have been convicted of a felony offense and proceed to sentencing.

If the offender pleads not guilty, the offender will proceed to have either a bench trial or a jury trial. A bench trial is where the judge decides the case and a jury trial is where a group of the offender's peers decides the case. During the trial, the offender will either be acquitted or convicted. If acquitted the offender will walk free and exit the system. If the offender is convicted, he or she will proceed to the sentencing phase.

At sentencing, the judge will impose a punishment according to the sentencing guidelines of the state. Some offenders will be sentenced to probation or 12 months or less incarceration at the local jail. Others may be sentenced to intermediate sanctions, prison, or death. If the offender fails to follow the guidelines of either probation or the sanctions, the offender will be sentenced to prison. Once in prison, the offender may be paroled, file a habeas corpus (a review of the case), or receive a pardon or clemency from the governor or president.

The offender may also appeal his or her case. During the appeal process, the case is presented before the court of appeals and the judges will determine if the case is retried. If the case is not granted a new trial, the offender will serve the sentence imposed by the courts. If there is sufficient evidence of improper conduct during the original trial or if a conviction was handed down solely on circumstantial evidence, the court of appeals may grant a second trial or repeal the sentence in its entirety. The offender remains in the system until either he or she is exonerated of the crimes accused or until the sentence is served.