Being arrested for a felony can be one of the most frightening experiences of your life, especially if it’s your first time. You’re suddenly faced with police custody, legal jargon, and uncertainty about what comes next.
In this video, criminal defense attorney Sina Mohajer will walk you through exactly what happens after a felony arrest, including the booking and bail process, your legal rights, and what to expect in court. You’ll also learn key do’s and don’ts that can make a major difference in your case. Understanding these steps early on can help you protect your rights and prepare for the road ahead.
Transcript:
Hi there. Oh. You hear that? Those are police sirens coming to arrest you for a felony charge. This is a scary time, especially if it’s your first time being arrested. And there’s a lot of questions probably going through your mind on what to expect. What happens after you’re arrested for a felony. What are some legal rights that you have? What is the felony court process? And lastly, what are some do’s and don’ts if you’re being arrested for a felony charge? Well, in this video, we’re going to address all of those questions.
For those who don’t know me, I’m Sina Mohajer with Mohajer Law Firm. We specialize in Criminal Defense, Family Law, Estate Planning, and Personal Injury.
In these videos, I like to take legal issues and try to simplify it for our viewers in order to give you that information and knowledge on what to expect and how to handle your case more effectively. So if you like the contents of this video, hit that like button. And don’t forget to subscribe. So you’re always informed of any new videos being posted. And without further ado, I welcome you all to our new mini series called A Walk in the Park.
What to Expect When Arrested for a Felony
So what can you expect immediately after being arrested for a felony charge? Well, you’re going to be taken for a booking where they’re going to take your fingerprints, your photograph, as well as making an accounting or a list of items that you have on your person.
Miranda Rights
Either before or immediately after the arrest, you’re going to be read your Miranda rights. And it’s important to take note of this because if they fail to read these rights, as defense counsel, that is the first thing we want to hear from you.
Bond Hearing
The next thing that happens is going to be a bond hearing where the court will determine what your bail or bond should be in order to allow you to be released from custody. Or you’re going to end up spending the night in jail throughout the pendency of your action.
Legal Rights When Arrested
So what are some legal rights that you have if you’re facing a felony arrest?
Right to Remain Silent
The very first one is the right to remain silent. I mentioned those Miranda rights. They’re there for a reason. You are not to speak a word without having legal representation. Anything you say may or can be used against you is the Miranda right. But I’m telling you right now, anything you say will be used against you in your criminal case. So it’s important not to say a word.
Right to an Attorney
You also have the right to an attorney of your choosing. If you cannot afford an attorney, one will be provided to you at no additional cost, and that is through the public defender’s office.
Right to a Bond Hearing
Another one of your main rights is also to have a bond hearing. Once you’re arrested for a felony, you may demand to have a bond hearing in order to reduce the bond or to set a bond so that way you don’t have to spend the night in jail throughout the pendency of your case.
Felony Criminal Court Process
So what is the felony criminal court process?
Arraignment
Similar to other criminal cases you have your arraignment, the very first appearance that we make where we get the discovery, the complaint, as well as our first introduction with the court on your case. The only thing you’re going to do is you’re going to plead not guilty during the arraignment stage.
Pretrial Conferences
After that, we’re going to have multiple pretrial conferences similar to other types of criminal cases where we get an opportunity to speak to the district attorney’s office to poke holes in their case and to build up your defense in hopes that we can get a favorable plea offer for you or even possibly a dismissal.
Preliminary Hearing
Up until that point, if there’s no deal that can be made, here’s where it’s different than a misdemeanor. In a felony case. We have what’s called a preliminary hearing. A preliminary hearing is basically like a mini trial where the D.A. sets forward the case, either with the arresting officer and the investigator who comes and testifies and we get an opportunity to cross-examine them.
If we’re able to poke really large holes in their case, we have the potential of having the judge dismiss the case based on the fact there is just not enough evidence to proceed forward with trial. Now it’s a very thin line that we might be able to get this, but still it’s very possible. So it’s important to gather all the evidence beforehand.
Criminal Trial
After the preliminary hearing, that’s where we end up having to go to trial, where there will be 12 members in a jury determining whether you did or you did not commit the crimes being alleged against you.
Common Do’s and Don’ts
So what are some common do’s and don’ts? Well, the common don’ts is that you should never post anything on social media. Like I said, you have the right to remain silent. That’s not just verbal, folks. That’s also on social media. Posting anything about the arrest, that will be used against you in a court of law. Contacting witnesses or the victim. That’s a huge don’t because anything you say to them, whether you’re witness tampering, these could be additional charges added to your case.
Another, don’t is not hiring legal counsel. It’s so important the moment you’re arrested is that you reach out to counsel if you can afford it. And if not, you get appointed a public defender at any stage of the process. Any time you’re speaking to anybody of authority, whether it’s the police investigators, district attorney’s office, the judge, you want to have your attorney present at all times.
Contact Mohajer Law If You’re Facing a Felony Charge
So in this video, we talked about what to expect the moment that you’re arrested for a felony charge, some of your legal rights, the court process, as well as some do’s and don’ts. So if you have questions about your case and you’re facing these criminal charges that possibly could be a felony, I welcome you to contact our office. I’m happy to sit down with you one on one to discuss your strategy as well as what defense you have available to you.
And if you like the contents of this video, don’t forget to hit that like button and always remember to subscribe. So you’re always informed of any new videos being posted.