What’s Next: A Road Map to Understanding Felonies and the Court Process
Here is the next installment of the “What’s Next?” series on our blog, for when you’re in new territory and need to know what happens next, what your options are, and how you can get help navigating the process.
Being charged with a felony in Emporia, Burlington, Abilene, or other cities in Kansas is a serious matter with potentially life-altering consequences. Felonies are the most severe type of crime in the state, ranging from property crimes like burglary and theft – to violent crimes like assault and homicide. Understanding the court process and having skilled legal representation is crucial to protect your rights and navigate this complex system.
1. Arrest and Charges
The process typically begins with an arrest by law enforcement. You might be taken into custody if an officer has probable cause to believe you committed a felony. After arrest, the prosecutor will review the evidence and formally file charges.
2. First Appearance
Your first appearance in court is usually within 48 hours of your arrest. During this hearing:
1. The judge will inform you of the charges against you.
2. You'll be advised of your rights, including the right to remain silent and the right to an attorney.
3. Bail might be set, or you might be released on your own recognizance.
3. Preliminary Hearing
In felony cases, a preliminary hearing is held to determine if there is enough evidence to proceed to trial. The prosecutor presents evidence, and the judge decides if there is probable cause to believe you committed the crime. If probable cause is found, the case moves forward.
4. Arraignment
At the arraignment, you are formally charged with the crime, and you enter a plea:
· Guilty: You admit to the charges.
· Not Guilty: You deny the charges.
· No Contest: You don't admit guilt but accept the consequences.
5. Diversion
In some cases, you might be eligible for a diversion program. Diversion is an alternative to traditional prosecution that allows you to avoid a conviction if you complete certain requirements. These requirements might include:
· Counseling or treatment
· Community service
· Restitution to the victim
· Paying fines and court costs
If you successfully complete the diversion program, the charges against you will be dismissed. This can be a beneficial option for first-time offenders or those with non-violent offenses.
6. Plea Bargaining
In many cases, plea bargains are negotiated between the prosecutor and defense attorney. A plea bargain involves pleading guilty or no contest to a lesser charge or receiving a reduced sentence in exchange for avoiding a trial.
7. Trial
If no plea bargain is reached, the case goes to trial. A jury will hear evidence and decide whether you are guilty or not guilty. In Kansas, a unanimous verdict is required for a conviction.
8. Sentencing
If you are found guilty, the judge will impose a sentence. Felony sentencing in Kansas is determined by the Kansas Sentencing Grid, which takes into account:
· Severity Level of the Crime: Felonies are classified into 10 severity levels, with Level 1 being the most serious (like first-degree murder) and Level 10 the least serious (like certain drug offenses). For drug felonies, the severity level ranges from Level 1 to Level 5.
· Criminal History: Your past criminal record, if any, is assigned a criminal history score.
The Sentencing Grid provides a presumptive sentence range based on the severity level and criminal history. Judges have some discretion to depart from the grid, but they must provide reasons for doing so.
Possible sentences under the grid include:
· Imprisonment: Sentences can range from months to life in prison, depending on the severity of the crime.
· Fines: Substantial fines can be imposed.
· Restitution: You might be ordered to pay restitution to the victim.
· Probation: You might be placed on probation, which involves supervision and conditions.
The Importance of Legal Representation
Navigating the felony court process in Kansas is complex and challenging. Having an experienced criminal defense attorney by your side is essential to protect your rights and ensure the best possible outcome. An attorney can:
· Advise you on your legal options.
· Investigate the facts of your case.
· Negotiate with the prosecutor.
· Represent you in court.
· Work to mitigate the potential consequences.
Don't Face This Alone
If you're facing a felony charge in Kansas, don't try to navigate the legal system alone. Contact Harvest Legal today for a free consultation regarding your felony case. We are dedicated to protecting the rights of our clients and fighting for the best possible results.