what happens when your attorney is arrested and charged with a felony

What happens if you are charged with a felony?

Regardless of what crime you are charged with, a felony is an extremely serious matter. If you are convicted of a felony, you are likely facing prison time, fines, and penalties that will punish you well after you have served your time.

Do you need a lawyer for a felony charge?

If you or someone you care about has been charged with a felony, you will need an experienced and aggressive attorney to help you in your case. At Wallin & Klarich, our attorneys have been successfully defending clients facing misdemeanor and felony charges for more than 40 years. We’ve helped thousands of clients in their time of legal need.

Do I need a lawyer if I have been arrested?

If you are arrested, or think you may be arrested, any delay in retaining an attorney to defend you will put you at a significant disadvantage. Oftentimes, your attorney can have the most impact on the outcome of your case before the decision to file has been made.

What happens after you are arrested by the police?

After you are arrested, the police officer will draft a police report and forward that report to the proper prosecutor’s office. As is the case during a pre-filing investigation, the prosecutor (and the prosecutor alone) will determine whether there is sufficient evidence to proceed with the formal filing of criminal charges.

What is the difference between being charged and being convicted?

Being charged with a crime merely means that the government has formally accused a person of a crime. A person charged with a crime is, by law, Innocent. Being convicted of a crime means that the person has plead guilty or has been found guilty after trial. A person convicted of a crime is, by law, Guilty.

Why do prosecutors sometimes choose not to prosecute criminal cases?

Prosecutors may decline to press charges because they think it unlikely that a conviction will result. No matter what the prosecutor's personal feelings about the case, the prosecutor needs legally admissible evidence sufficient to prove the defendant's guilt beyond a reasonable doubt.

What is a 3rd degree felony in Florida?

Felonies of the third degree are the least serious types of felonies in Florida, punishable by up to five years in prison and a fine of up to $5,000. Examples include aggravated stalking, theft of a vehicle or firearm, and trespass while armed.

Can charges be dropped after indictment?

As for what is a grand jury dismissal, that occurs when a grand jury is convened to consider indictment on a charge, and it's determined that the case isn't strong enough. The grand jury then can dismiss or "no-bill" the charge, or the prosecutor can dismiss it.

Can a prosecutor drop a case?

While it might not hurt to let the prosecutor know how you feel, the prosecutor cannot dismiss the charges without additional justification. A prosecutor can only drop charges with the approval of the judge. The judge will require more than the victim's wishes to allow the prosecutor to dismiss criminal charges.

Is jail time mandatory for a felony in Florida?

Once these 5 criteria are satisfied, a judge is required to impose the minimum mandatory term of imprisonment specified by Florida law as follows: Life felony = Life imprisonment. First-degree felony = 30-year prison term. Second-degree felony = 15-year prison term.

What felonies can be expunged in Florida?

You may be able to expunge your record only if you were never convicted of a felony....They include:Murder.Child abuse.Grand theft.Aggravated assault.Aggravated battery.Robbery.Carrying a concealed weapon.Rape.More items...•

Can a felony be reduced to a misdemeanor in Florida?

With the help of an experienced criminal defense attorney, however, you can have felony charges reduced to a misdemeanor, drastically lowering the maximum penalty for the crime.

Howard Woodley Bailey

Assuming your lawyer has been arrested and is still in custody, I suggest you contact his office immediately to see if he or his office has designated an attorney to act in his place. If the lawyer has been arrested and released, you need to speak with him, as suggested by my collegues who have responded to this question.

Ronald Anthony Sarno

I suggest you call the NJ Client Protection Fund at 609-292-8008 to see if he can still practice law, and if he cannot who has been designated to take his cases.

Jonathan H Levy

If he was arrested for a matter unrelated to your case and has not been convicted, it might have not have an effect on your situation. However, at the very least the attorney owes you an explanation as to whether his arrest will effect your case or not.

What happens to defendants charged with felony?

Many defendants charged with a felony are released at the end of this hearing - either they have posted money to guarantee their return for trial and other hearings, or they have been released on conditions which include their promise to return for future hearings or the trial.

What is a felony case?

What Happens in a Felony Case. Any offense punishable by death or imprisonment for more than one year is called a felony. Felonies are the most serious crimes. The prosecutors and the courts handle felony cases differently from misdemeanor cases (cases that have shorter possible sentences). This part of the handbook is intended to explain ...

What is the only contact witness in a felony case?

In many felony cases, the only contact witnesses have with the prosecutors comes at the witness conference and at the trial. Normally, when the trial date has been set, you will be notified by a subpoena - a formal written order from the court to appear.

What is the purpose of the felony handbook?

This part of the handbook is intended to explain the way a felony case moves through the court system. Each step is explained in the sections below. Witnesses are not needed at every step in the process. Most witnesses are asked to come to court only for a preliminary hearing, a grand jury hearing, a witness conference, or a trial.

How does the court determine if a defendant can be released on bail?

Second, the defendant is assisted in making arrangements for legal representation, by appointment of an attorney by the court , if necessary. Third, the court determines if the defendant can be safely released on bail.

What to do before a grand jury?

You must tell the truth. Before testifying before the grand jury, you will probably meet with the case agent or the Assistant United States Attorney.

What to do if you receive a subpoena?

If you receive such a subpoena, you should get in touch with the Assistant United States Attorney who is handling the case as soon as possible. A grand jury is a group of twenty-three (23) citizens from the same judicial district who meet to examine the evidence against people who may be charged with a crime.

What happens at arraignment when you are out of custody?

Six things occur at arraignment: Defendant is advised of his or her constitutional rights. Counsel is appointed. The charges are read to defendant, and a copy of the complaint is provided. Defendant is invited to enter a plea to the charges.

How long does it take to be arraigned on information?

The defendant must be arraigned on the information within 15 days of being held to answer. At the arraignment on the information, all of the procedures that occurred at the initial trial arraignment occur again.

What is the fifth step in a felony case?

The fifth step is the second arraignment or the arraignment on information. If the felony charges are not dropped at the preliminary hearing, you will be arraigned in superior court where your trial later will be held. This is the arraignment after you have been bound for trial at the preliminary hearing and the next settlement conference date is set at this time along with a trial date. This is also an opportunity for your attorney to file motions and demand further discovery.

What is the fourth step in a criminal case?

The fourth step is the preliminary hearing. If the defendant is charged with a felony, he or she is entitled to a preliminary hearing before a judicial officer within 10 court days of arraignment. (Persons charged with only misdemeanors are not entitled to a preliminary hearing. )

How long does it take to get bail reviewed?

The second step is the bail review. The accused is entitled to bail review within three days of the arraignment. Bail is money that an arrested person gives to a court to ensure that he will appear in court when ordered to do so. The Eighth Amendment to the U. S. Constitution requires that bail not be excessive.

What is the first court appearance?

This is the very first court appearance you will have and it is the process by which a person is brought before a court to hear and answer criminal charges against him or her. Your personal presence is required. If you are out of custody be on time no matter what. Six things occur at arraignment:

What happens if you are arrested?

If you are arrested, or think you may be arrested, any delay in retaining an attorney to defend you will put you at a significant disadvantage. Oftentimes, your attorney can have the most impact on the outcome of your case before the decision to file has been made. You should hire a skilled defense attorney right away.

What happens when a police officer arrests you?

After you are arrested, the police officer will draft a police report and forward that report to the proper prosecutor’s office. As is the case during a pre-filing investigation, the prosecutor (and the prosecutor alone) will determine whether there is sufficient evidence to proceed with the formal filing of criminal charges. If so, he or she will file a formal complaint with the Court, and the prosecution commences.

What to do if you are being accused of a crime?

If you are being accused of a crime, it is important for you to understand the process leading to charges being filed against you. This process can happen in one of two ways: 1. Pre-filing Investigation. An experienced Wallin & Klarich attorney may help you avoid facing any criminal charges.

What happens during a pre-filing investigation?

As is the case during a pre-filing investigation, the prosecutor (and the prosecutor alone) will determine whether there is sufficient evidence to proceed with the formal filing of criminal charges. If so, he or she will file a formal complaint with the Court, and the prosecution commences.

What happens when a prosecutor decides there is enough evidence to proceed?

If the prosecutor determines that there is enough evidence to proceed, he or she will draft a formal complaint to file with the Court. Once these formal charges have been filed, the District Attorney’s office will do one of two things:

How long is the statute of limitations for a felony?

For felony offenses, the statute of limitations is three years; or. With certain felony offenses, there is a longer statute of limitations. There is usually a gap between the time the police officer generates the police report and the time the prosecutor makes their filing decision. It is during this gap in time that your attorney is able ...

What happens if a case is sent back to the appropriate law enforcement agency?

If the case is sent back for further investigation, charges must be filed by the prosecutor’s office within the applicable statute of limitations.

When Will the Arraignment Take Place?

Timing of an arraignment typically depends on whether the defendant is in custody (still sitting in jail) or out of custody (not in jail).

What Is an Arraignment?

A felony arraignment officially begins the prosecution of a criminal case.

What Happens in the Courtroom at the Felony Arraignment?

Defendants facing felony charges must typically appear in person at the arraignment. Once defendants arrive in the courtroom, checking in with court staff allows the judge to know who is present and ready. In-custody defendants will be brought in from the jail. For everyone, the next step involves waiting for your case to be called.

Can the Case End at the Arraignment?

Yes, the criminal matter can conclude at this first hearing but it doesn’t happen that often. The prosecutor might decide to drop the charges and do so on the record if they didn’t have sufficient time prior to the hearing to file a motion to dismiss. Additionally, the case might resolve if a plea and sentencing take place at the arraignment.

What Happens If I Miss the Arraignment?

The most basic answer here is: Don’t miss your arraignment. Defendants who fail to appear will end up with a warrant out for their arrest. The judge can also revoke bail and make the defendant sit in jail pending trial.

Talk to a Lawyer Today

If you've been arrested for or charged with a felony, contact a local criminal defense attorney as soon as possible. An experienced lawyer will review the circumstances of your case and discuss potential defense strategies with you.

What happens if you are convicted of a felony?

If you are convicted of a felony, you are likely facing prison time, fines, and penalties that will punish you well after you have served your time.

How to defend yourself against a felony charge?

The single most crucial step in the process of defending yourself against a felony charge is to contact an attorney. Every moment you spend in custody without an attorney fighting for you hurts your case. It is extremely important for you to hire a criminal defense attorney the moment you are accused of a crime.

What is a felony charge?

A felony charge is a serious accusation with potentially life-changing consequences. If you or someone you care about has been charged with a felony, you will need an experienced and aggressive attorney to help you in your case.

What is the difference between a misdemeanor and a felony?

Generally, a misdemeanor is punished by time in county jail, a fine or both. A felony carries more severe potential penalties, including a prison or county jail sentence . In addition, you may have to pay restitution to the victim of the crime. You could also lose certain rights once you are released from prison if you are convicted of a felony.

How long does it take to get out of custody after arraignment?

If that were to happen, the accused would be released from custody within two or three days without having to post bail. Bail bondsman charge a 10% fee.

Why is it important to hire a criminal defense attorney?

It is extremely important for you to hire a criminal defense attorney the moment you are accused of a crime. The prosecutor will know all the technicalities of the law that you may not know, and most of all, they will know how to sell you on agreeing to a plea bargain that will seem like your best option.

How to avoid incriminating yourself?

The easiest way to avoid incriminating yourself is to remain silent. If you find yourself in custody, refuse to answer any questions and politely insist that you will not answer anything without a lawyer present. You do not need to act hostile toward the police in order to exercise your right to remain silent.