FELONY CRIMES PROCESS IN A STATE AND FEDERAL COURT

Felony Crimes Process in a State and Federal Court

Felony Crimes Process in a State and Federal Court

Introduction

A serious crime carrying a penalty of more than one year in prison. See also “misdemeanor.” Under the Constitution, a felony criminal case may only proceed beyond the initial stages if the defendant is indicted by a grand jury. The grand jury reviews evidence presented to it by the United States attorney and decides whether there is sufficient evidence to require a defendant to stand trial. The judicial process in a criminal case differs from a civil case in several important ways. The parties in the case are the United States attorney (the prosecutor representing the Department of Justice) and the defendant or defendants(Siegel 2009). Criminal investigations are conducted by the Department of Justice and other law enforcement agencies, which are both part of the executive branch. The court plays no role in criminal investigations. Its role in the criminal justice process is to apply the law and make legal and factual decisions. Three main levels of federal criminal offenses have been defined by Congress. Felony offenses are the most serious crimes and may be punished by more than one year in prison. Misdemeanor offenses are less serious and may be punished by up to one year in prison. The least serious offenses, known as petty offenses, may be punished by up to six months imprisonment(Parker 2005).

Felony Crime Process

1. Initial Appearance

The Initial Appearance is the first hearing in a felony case. The Initial Appearance is normally schedule within a few days or weeks of formal charges being filed. At the Initial Appearance, the judge can address the issue of bail or release, if the defendant is in jail. The judge will also verify that the court has your correct information such as name, date of birth, address, etc. Most importantly, the purpose of the Initial Appearance is to provide the Defendant and his or her attorney with a copy of the Information or formal charging document and advise the defendant of the charges that have been filed against him or her. The judge will then set the next court date for the Roll Call Hearing(Maitland 2001).

2. Roll Call

The purpose of the Roll Call is for the defendant to advise the judge as to whether he wishes to have preliminary hearing. Some cases have more than one roll call. The Roll Call also provides an opportunity for the defense attorney to negotiate with the prosecutor to see if a plea agreement can be made. If a plea agreement is reached, the defendant will waive his right to a preliminary hearing. If a plea agreement is not reached, the court will set a date for a preliminary hearing if the defendant desires one(www.proquest.com).

3. Preliminary Hearing

The preliminary hearing serves several purposes. First, the preliminary hearing is a sort of screening mechanism. At a preliminary hearing, the rules of evidence are not strictly adhered ...