Felony Charges
Felony charges are the official legal accusations brought against a person who allegedly committed a felony crime. Felony charges are more serious than misdemeanor charges and often result in significantly harsher penalties. Persons who are found guilty of the felony charges against them may face incarceration, fines, and other punitive measures. A felony crime is any act or omission defined by law as a serious offense that is punishable by death or at least one year of incarceration. Federal law and individual state law govern the types of felony charges that can be brought against an individual.
Felony charges are officially brought against a person after they are arrested for a crime. A person may be arrested on the same counts for which they later receive felony charges or the charges may be different. By law, most states require that felony charges be officially brought against a person in custody within 48 to 72 hours. The initial felony charges made within the first few days following arrest are also subject to change, pending further investigation in a criminal case.
Felony charges are made by state or federal prosecutors, depending on the nature of the alleged crimes. Once an arrest is made, the police will send copies of the arrest report and all other supporting documents to the prosecutor to begin the process of determining felony charges. Arrest reports consist of detailed facts about the events leading up to, and including, the arrest. The prosecutor is elected by the public and has the duty of initiating and prosecuting criminal cases. The initiation of a criminal trial begins by officially bringing felony charges against an alleged offender.
There are two ways that a prosecutor can bring felony charges against an individual. The prosecutor may examine the police report and any available evidence and make a decision about what felony charges should be brought. If s/he chooses to bring felony charges in this way, the defendant has a right to a preliminary trial. During a preliminary trial, the prosecutor must prove to the court that they have enough evidence to convict the defendant of the felony charges against them.
The prosecutor may also choose to enlist the services of a grand jury in order to determine what felony charges will be made. A grand jury is a group of six to twelve randomly selected citizens who meet in secret to make decisions about felony charges. The prosecutor will present preliminary evidence to the grand jury and make recommendations about the felony charges. The grand jury will issue an indictment declaring the official felony charges brought against an individual. Many prosecutors prefer the grand jury method because less evidence is required to initiate felony charges.
Once felony charges are made, the criminal trial will commence. The trial is heard by a different jury (trial jury), responsible for hearing the facts of the case and determining whether a person is guilty or innocent of the felony charges brought against them. If you are facing felony charges you need an attorney who can aggressively protect and maximize your legal interests.
Felony Charge News
Sept 25, 2007 - Robbery Charges Filed After Man’s False Teeth Stolen
Find a Lawyer Now
Search for a Criminal Law lawyer in your state or province by using the forms to the right.