Felonies
The Conflict Program appoints attorneys to defend people charged with felonies.
The Conflict Program’s appointed attorneys provide indigent defense to people charged with felonies in Contra Costa county. With a mission to ensure access to quality defense, The Conflict Program attorneys tirelessly fight for the rights of their clients.
What is a felony?
A felony is a classification of a serious crime that is punishable by imprisonment in state prison or, in some cases, by a combination of imprisonment in state prison and fines. Felonies are more severe offenses compared to misdemeanors and are generally associated with crimes such as murder, robbery, burglary, rape, arson, drug trafficking, and other serious offenses. The specific penalties for felonies vary depending on the nature and severity of the crime committed, as well as any prior criminal record of the individual involved.
The timeline for a felony case is:
- Arrest: You are apprehended for the alleged crime.
- Arraignment on the Complaint: At your first court appearance, called an arraignment, you are informed of your rights and provided with a copy of the complaint detailing the charges against you. You can request a court-appointed lawyer if eligible. Pleas of not guilty are entered, and future court dates are set.
- Superior Court Review: Certain cases qualify for a review aimed at potential early settlement, involving your lawyer, the deputy district attorney, and a judge. Eligibility depends on factors such as charges and prior record.
- Preliminary Hearing: A hearing is held before a judge to establish probable cause and whether you could be the perpetrator. The district attorney presents limited witnesses, allowing your lawyer to challenge the case's strength.
- Arraignment on the Information: The judge reviews the evidence from the preliminary hearing and determines the charges you will face at trial. The district attorney files an information based on this review. You enter new pleas of not guilty and set future court dates.
- Pretrial Conference: Another conference takes place between your lawyer, the judge, and the deputy district attorney to seek the best resolution. Offers are discussed, including potential trial outcomes. If you reject the offer, the case proceeds to trial.
- Jury Trial: The right to a trial by jury is honored, with the burden on the district attorney to prove your guilt beyond a reasonable doubt. If the jury cannot reach a unanimous verdict, a mistrial may be declared. The district attorney decides whether to retry, make a better offer, or dismiss the case. Felony trials can last weeks or even months.