What to Do After a Felony Arrest

After you are arrested for a serious crime, the police office will get in touch with the State Attorney's office so they can decide what to charge you with. The police do not have the authority to file felony charges against an arrested individual. Thus, the State Attorney's office will review the situation and decide whether or not to file felony charges against you. If they choose not to proceed with felony charges the police department will be held responsible for filing the misdemeanor charges.
The Bond Hearing
The law requires that the arrested individual be brought before the courts a maximum of 72 hours after the arrest. During this time the arrested individual will be presented to the courts for a bond hearing to establish the amount of bond to be posted. Bond is set in place to ensure the arrested individual will appear in court at a later date. In order to assess the amount of bond, the judge will focus on things such as whether or not the defendant is a flight risk, has bonds with the community such as a job, the severity of the crime committed, and the possibility of a repeat offense. After the bond is set, only 10% of the total amount needs to be posted.
The Preliminary Hearing
The preliminary hearing is set to establish whether or not the case should go any further. During this hearing there will be witnesses testifying to the events leading up to the arrest. The defense attorney will take this time to cross examine the witnesses to ensure their facts are straight.
The Indictment
The State Attorney will pull together 18 members of the community, also known as a grand jury, to gather and establish whether or not there is a valid reason for filing felony charges against the individual. If the charges were dismissed in the preliminary hearing, the State Attorney will file an indictment against the individual. If the grand jury feels there is a valid reason, there will be an arrest warrant issued.
The Arraignment
This phase is when the defendant is rebuked of the charges filed and will state their plea of guilty or innocent.
Discovery
In this phase, the prosecutor and the defense will share all information they have that pertains to the case. If the State Attorney has evidence that may absolve the guilt of the defendant they will have to share it with the defense. Failure to do so can result in a mistrial. Each side will supply the court with the names of witnesses and their testimonies.
Motions
The defense attorney will file a variety of motions to the case before the trial if there was a constitutional violation of the defendant's rights. An example, is if a drug user was arrested based on skin color and not because the crime was observed.
The Trial
The government states that a defendant is to be judged by a jury of 12 peers. In order for the defendant to be convicted the jury has to unanimously vote guilty without a reasonable doubt. There may also be a bench trial where there is no jury, just a judge.
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