What to Expect When Facing Felony Charges
Felony charges are serious, and the outcomes can drastically affect your life, from lengthy prison sentences to significant fines. At my firm, Howard L. Lotven, P.C. in Kansas City, Missouri, we provide compassionate and experienced criminal defense representation for those dealing with felony charges.
Understanding the potential consequences and the legal process is key when facing felony charges. With the right approach, you can manage the situation and make informed decisions every step of the way.
What You Need to Know About Felony Charges
Felonies are serious criminal offenses that are typically punishable by more than one year in prison. These charges can stem from various types of crime, including drug trafficking, armed robbery, assault, and even white-collar crimes such as embezzlement.
Unlike misdemeanors, which usually carry lighter penalties like short-term imprisonment or fines, felonies often involve substantial legal consequences.
Types of Felonies
Felonies can vary widely depending on the nature of the crime. Some common categories of felonies include:
Violent felonies: These involve physical harm or threats of harm to others. Examples include murder, assault, and rape. These crimes are often classified as particularly severe due to the direct harm they cause to victims.
Property felonies: These include crimes like burglary, arson, or theft. The intent is often to take or damage property, and they can result in significant financial loss for victims.
Drug-related felonies: Charges for the manufacture, possession, or distribution of illegal substances. These crimes are often connected to larger issues like drug trafficking and organized crime.
White-collar felonies: Crimes typically committed in business or professional settings, such as fraud, embezzlement, and insider trading. These offenses can lead to significant financial losses for individuals, companies, and even entire industries.
Sex crimes: Crimes such as sexual assault, exploitation, and human trafficking. These offenses often have lasting emotional and psychological effects on victims and are treated with the utmost severity by the legal system.
Each type of felony comes with its own set of legal challenges and potential penalties. It’s important to understand the specifics of your charge to build an effective criminal defense strategy.
What Happens When You're Arrested?
If you're arrested on felony charges, you’ll first be taken into custody and booked. This involves a formal record of your arrest, including fingerprints, photographs, and other personal details. After booking, you may be given the opportunity to post bail and be released until your court date. In more severe cases, bail may be denied, or set at an extraordinarily high amount.
It's important to remember that an arrest doesn't equate to guilt. Having an experienced criminal defense lawyer, like those at Howard L. Lotven, P.C., can make a significant difference in how your case progresses.
First Court Appearance
The first step in the court process after an arrest is called the arraignment. During this proceeding, you’ll be formally charged, and you’ll have the chance to enter a plea. You can plead:
Guilty: Admitting to the charges and accepting the penalties
Not guilty: Denying the charges and preparing for trial
No contest: Neither admitting nor denying the charges but agreeing to accept the penalties as if you were guilty
At this point, the judge will also decide whether to set bail or release you on your own recognizance. A not guilty plea often leads to the setting of further hearings or a pretrial conference to discuss the next steps.
Pretrial Proceedings
Once you’ve entered a plea, the case will move into pretrial proceedings. During this phase, both the defense and the prosecution gather evidence, interview witnesses, and review the facts of the case.
The defense will work to challenge the prosecution’s case and identify any weaknesses in the evidence. In some cases, both sides may agree to a pretrial diversion, where the defendant completes a rehabilitation program in exchange for reduced charges or penalties.
Discovery
Discovery is the process in which both sides exchange evidence. You may receive police reports, witness statements, and forensic evidence from the prosecution. In turn, your lawyer will provide the prosecution with any exculpatory evidence, meaning any evidence that could show your innocence or help to reduce your potential penalties.
Motions and Hearings
Throughout the pretrial phase, your attorney may file various motions to challenge evidence, dismiss charges, or reduce bail. These motions are argued in hearings, where the judge decides whether to grant the requests.
Plea Bargaining
In some cases, a plea bargain may be offered before trial. This is an agreement between the defense and the prosecution where you plead guilty to a lesser charge or agree to a reduced sentence in exchange for avoiding a trial.
While plea bargains can be a good way to minimize the risks of a conviction, it’s essential to consult with a criminal defense lawyer to make sure you’re making the best decision for your future.
The Trial Process
If your case goes to trial, the prosecution must prove your guilt beyond a reasonable doubt. The trial process can be intimidating, but understanding what to expect can help reduce some of the anxiety surrounding it.
Jury selection: A group of potential jurors is questioned to determine if they're fit to hear the case. Both the prosecution and defense have the opportunity to dismiss certain jurors.
Opening statements: Both sides present an overview of their case. The prosecution outlines the evidence and arguments that’ll be used to prove guilt, while the defense provides an outline of their strategy for disproving the charges.
Witness testimony: Both sides present witnesses to testify on their behalf. The prosecution will attempt to prove the defendant’s guilt, while the defense will attempt to introduce doubt into the case.
Closing arguments: Both sides give a final summary of their case and attempt to convince the jury of their position.
Jury deliberation and verdict: The jury deliberates and ultimately delivers a verdict. If found guilty, sentencing will be scheduled. If acquitted, the defendant is free to go.
It’s important to remember that a criminal defense lawyer can help guide you through every aspect of the trial, advocating for your rights and making sure that you’re treated fairly.
What to Expect After a Conviction
If you’re convicted of a felony, the sentencing phase begins. Felony convictions often carry significant penalties, including long prison sentences, probation, or both. The judge will consider various factors, such as the severity of the crime, your criminal history, and whether there were any aggravating or mitigating circumstances.
Potential penalties for a felony conviction include:
Imprisonment: Felonies often come with long prison sentences, ranging from one year to life, depending on the offense.
Probation: Some individuals may be sentenced to probation, which allows them to remain in the community under supervision, with conditions like regular check-ins, drug testing, and community service.
Fines: Felony convictions may involve hefty fines, often used as a financial deterrent for committing a crime.
Restitution: If the victim suffered financial losses, the court may order the defendant to pay restitution.
Facing felony charges is one of the most challenging situations a person can experience. Having a skilled criminal defense lawyer on your side is essential for protecting your rights.
Contact a Criminal Defense Lawyer Today
If you’re facing felony charges, you don’t have to traverse the legal system alone. At Howard L. Lotven, P.C., we’re committed to providing the professional legal representation in Kansas City, Missouri, and throughout the surrounding areas of Independence, Rock Port, and Lexington. Contact Howard L. Lotven, P.C. today to discuss your case and start building your defense.