Facing Felony Charges: Navigating the Complexities

April 1, 2024

If you have been charged with a felony, you may be wondering what to expect. From court hearings to negotiating plea bargains and navigating the discovery process, you may feel overwhelmed by the legal system in the United States.

At Bamieh & De Smeth, we understand what is at stake for anyone facing felony charges. In this blog, we go over what legal proceedings will follow your arrest, how to prepare for court, and the importance of having a skilled Ventura criminal felony defense attorney by your side.

Arraignment

Following your arrest, your first court appearance will be the arraignment. At the arraignment, the charges against you will be read out loud. You will be informed during this time that the court can appoint an attorney to represent you if you cannot afford one.

After being read the charges, the defendant will enter a plea of either guilty, not guilty or nolo contendere. If you plead not guilty, then the next hearing will be the pre-trial hearing. If you plead guilty or nolo contendere, you may have the chance to take a plea bargain.

Plea Bargains

A plea bargain allows the defendant to serve less time in prison by either pleading guilty to only one of several charges or to a lesser charge. In some cases, the defendant may plead guilty as charged, with the prosecutor recommending lenient sentencing to the judge.

It is estimated that 98% of criminal cases end in plea bargains, saving both sides time and money. A criminal felony defense attorney will be able to advise you on whether you should take a plea bargain.

Pre-Trial Hearing

Directly after the arraignment, if the case is not yet resolved, a judge will hold a pre-trial hearing. At this hearing, the judge will determine if there is enough evidence to proceed to trial.

At this time, there will be an exchange of information between both sides, known as discovery. It is important to have an experienced Ventura criminal defense lawyer advocating on your behalf during this time. You will be limited to accessing information since the safety of any eyewitnesses is always the court’s prime concern.

Trial

Your trial must be scheduled within 60 days of your arraignment. You have the option of having a jury trial, in which an impartial group of your peers will hear the facts of your case and issue a verdict.

At trial, evidence will be presented, witnesses will be called to testify, and the prosecutor and defense attorney will present opening and closing arguments. Defense attorneys do have the option of reserving the opening. This forces the prosecution to present their entire case in the beginning, not giving them the chance to better prepare witnesses. In using this tactical method, the defense will know the entirety of the prosecution’s case and be able to better prepare a rebuttal.

How to Prepare for Court

If you choose to be called to the stand, a criminal defense lawyer will go over how you should answer questions. Through discovery, your attorney will have access to police reports, DNA and fingerprint evidence, and witness testimony ahead of trial, making it easier to anticipate a prosecutor’s cross-examination.

Getting a good night’s sleep, eating breakfast, and taking a few deep breaths before trial will help you to remain calm. A defendant who looks refreshed and calm will make a better impression on the jury.

The Importance of Hiring a Criminal Felony Defense Attorney

In hiring Bamieh & De Smeth, you can rest assured that you are in good hands. We have experience defending criminal defendants, and we know what motions can and should be filed if the unexpected arises during trial.

While some defendants may try to represent themselves, this is never a good idea. You are not trained in the law, and you will likely not use defenses that could have resulted in your acquittal.

Contact a Ventura Criminal Defense Lawyer Today

If you have been charged with a felony, you need a law firm that has represented criminal defendants with hundreds of favorable case outcomes. Why wait? Contact us today online o