Felonies
A felony is a criminal offense that carries a potential state prison sentence. A misdemeanor on the other hand carries a maximum of only one year in the county jail. Felony offenses such as the simple possession of drugs, grand theft, or receiving stolen property have a maximum prison sentence of 3 years. Other felonies carry longer maximum sentences, such as unarmed robbery that carries a maximum of five years, residential burglary that carries six years, or simple kidnapping that carries up to eight years. Murder with special circumstances can carry the death penalty.
Many persons who are arrested for a felony offense don’t go to the state prison and some can avoid jail completely depending on the strength of the evidence, the nature of the charges and the experience of defense counsel. However, any felony conviction can have devastating long term consequences. Therefore, when accused of a felony offense it is vitally important that no interview be granted with the police prior to consulting a criminal law attorney, preferably a certified criminal law specialist.
Most times the police make a felony arrest, the person arrested should expect that a felony case will be filed by the District Attorney in the jurisdiction where the offense allegedly occurred. The District Attorney must file charges within 48 business hours of the arrest, and the accused must be brought to court within that time period. (California Penal Code, section 825.)
The first appearance in court after a felony arrest is called an arraignment. At an arraignment, the accused person is advised of the charges, his counsel is provided with the police reports, and a plea of not guilty is entered.
If the accused has not yet bailed out prior to the arraignment, the arraignment judge will set bail or possibly issue a release without the posting of bail (an O.R. release). It is important to obtain an experienced attorney to argue for reasonable bail and to be familiar with the methods to prove community ties and other factors that justify lowered bail or an O.R. release. This is a critical stage since the bail decisions of the arraignment judge will be honored by other judges who handle the case later unless a change of circumstances can be demonstrated. Oftentimes the prosecutor will seek to raise bail at the arraignment so counsel must be prepared to argue against such an action by the court.
Finally, at the arraignment, the case is set for a "PRELIMINARY HEARING", within ten court days of the arraignment. A preliminary hearing is a hearing before a judge who hears testimony from prosecution witnesses. The District Attorney offers those witnesses to prove that there is a "probable cause" factual basis to support the felony charge(s). If the judge finds sufficient proof that the accused committed a felony, the judge sends the matter to a trial court. The preliminary hearing judge can dismiss the case if there is no probable cause shown. Of paramount importance is the right of defense attorney to cross-examine the D.A.'s witnesses to expose weaknesses in the prosecutor's case. Expert counsel can do great damage to the prosecutor's case at the preliminary hearing. In appropriate cases, experienced counsel will move to suppress illegally seized evidence at the preliminary hearing that can lead to the dismissal of the case.
If the preliminary hearing judge orders the accused to stand trial, the case is sent to a trial court where a second arraignment occurs about two weeks later. At the arraignment in the trial court, the accused is again advised of the charges and pre-trial and trial dates are set.
A felony defendant has a right to a jury trial within sixty days of the arraignment in the trial court. Usually one or more pre-trial dates are set within that two month period. At these pre-trial hearings, motions are heard, discovery issues are settled and plea negotiations are had between the D.A. and defense counsel. If the case is not settled by way of a plea bargain, the case proceeds to trial.
On all felony cases, a defendant must be present and has a right to counsel at all stages of the proceedings. At the jury trial, an experienced defense attorney will participate in the selection of the jury, make an opening statement, cross-examine the prosecution's witnesses, present defense witnesses if necessary, and present a closing argument. During the trial, experienced trial counsel will object to improper evidence and conduct by the District Attorney.
On a felony case, a jury of 12 persons must reach a unanimous decision to render a verdict. The jury is always instructed that a guilty verdict requires that the evidence prove guilt beyond a reasonable doubt.
Long Beach Criminal Law Specialist Matthew G. Kaestner has been winning felony cases for over 20 years. He has successfully defended virtually every type of felony charge that goes through the criminal courts in Long Beach or surrounding areas. He has defended many clients against even the most serious felony charges many times before. He is an expert trial lawyer and experienced and savvy negotiator. He treats every client and their family with respect and dignity. Mr. Kaestner believes that tireless hard work is the key to success for every client. For the answer to any question about a felony arrest or charge call Mr. Kaestner directly at (562) 437-0200.
Long Beach's Criminal Law Specialist Matthew G. Kaestner is a criminal law attorney with over 23 years experience in all types of criminal law cases, including narcotics offenses, murder charges, white collar offenses, all felonies, DUI, domestic offenses, battery, and other serious criminal law matters.
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