Felony charges involve a wide range of crimes, such as fraud, drug possession, assault, murder, and robbery. When a person is charged with a felony in Washington, he or she will enter a series of procedures that will ultimately conclude with a verdict of guilty or not guilty.
One important step in the criminal justice process is the issue of an indictment or a written statement that determines that a crime has been committed. If you receive a felony indictment, it is critical to speak with a lawyer as soon as possible.
What Is a Felony Indictment?
After you are arrested for a crime, the police department that made the arrest will forward your case to a prosecutor. The prosecutor will then decide whether to pursue criminal charges against you.
If he or she chooses to proceed with your case, the prosecutor will seek a formal statement of charges by seeking an indictment or a criminal complaint. A felony indictment is a formal statement that determines that a crime was committed, and you should stand trial for the incident.
To secure an indictment, a prosecutor will need to present evidence to a grand jury during a preliminary hearing. If three-fourths of the jurors have probable cause to believe that the crime was committed, the court will issue the statement.
What Happens After an Indictment?
After a felony indictment, your case will proceed within the Washington criminal justice system. First, you will attend an arraignment, where the prosecutor will read all of the charges that you are facing. The court will inform you of your rights, including your right to legal counsel. At the arraignment, you will be asked to enter a plea of guilty or not guilty.
If you provide a guilty plea, your case will proceed to a sentencing hearing where the judge will determine your penalties. If you plead not guilty, your case will head to trial. During trial, the court will hear all evidence related to the case, as well as testimonies from relevant parties and arguments from attorneys.
At the conclusion of your trial, the jury or judge will deliver a verdict. If you are found guilty, your case will enter a sentencing hearing where you will be assessed penalties, such as jail time, fines, and probation.
The Difference Between an Indictment and a Criminal Complaint
Prosecutors have the choice to pursue an indictment or a criminal complaint in order to initiate charges. When filing a criminal complaint, a prosecutor does not need to seek the approval of a grand jury to initiate the case. Like an indictment, this document includes the essential elements about each charge that you face and argues that you should be prosecuted.
However, if the case is a felony, Washington law requires that all parties attend a preliminary hearing. During this hearing, the court will determine if there is enough evidence to pursue prosecution.
Are you facing felony charges in Washington state? In these situations, it is important to have a defense attorney on your side who can represent your best interests. As soon as possible following your arrest, contact a criminal defense lawyer at The Law Offices of Mark S. Treyz to discuss your legal options.