What to do if you are charged with a felony?
Asked by: Celia Ziemann Jr. | Last update: March 29, 2026Score: 4.8/5 (30 votes)
If charged with a felony, immediately contact a criminal defense lawyer, as they'll guide you through the court process (arraignment, hearings), advise on plea bargains (potentially reducing charges to misdemeanors), help gather evidence, and defend your rights; showing stability and a positive attitude (if applicable) can also help your case, but legal counsel is crucial for navigating potential penalties like probation or jail time.
What happens after you get charged with a felony?
After a defendant has been charged, the first step in the criminal court process is called the arraignment. Usually, this is the first time the defendant appears in court and is informed of the charges as well as offered legal representation if the defendant cannot afford to hire a private attorney.
Do you go straight to jail if you get a felony?
Though some felony offenses come with several years (or a life sentence) in prison or jail, you're not guaranteed to live behind bars. In some cases, judges can give you a suspended sentence, also known as felony probation.
How to get felony charges dismissed?
Factors That Can Lead to Felony Charges Being Dropped
- Insufficient Evidence. The prosecution must provide enough evidence to prove guilt beyond a reasonable doubt. ...
- Violation of Rights. ...
- Witness Issues. ...
- Cooperation with Authorities. ...
- Plea Bargaining. ...
- Pretrial Diversion Programs. ...
- Evaluating the Evidence. ...
- Filing Legal Motions.
What is the most common felony charge?
The most common felonies often involve drug offenses (possession/distribution), property crimes (theft, burglary), and DUI/DWI, though this varies by state; however, drug-related offenses consistently rank high, frequently comprising a large portion of total felony charges due to varying state laws on possession, trafficking, and sale. Property crimes like grand larceny and burglary also represent a significant chunk of felony cases, alongside aggravated assaults.
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What is the least punishment for a felony?
Most felonies, however, come with determinate sentences and three possible terms judges can choose from (lower, middle and upper). The lowest possible sentencing for a felony is 16 months, two years or three years. But many felonies such as first-degree robbery, carry a sentence of three to nine years.
What are felons not allowed to do in the US?
Most states prohibit felons from receiving grants, food stamps, housing assistance, and federal cash assistance. In addition, felons are prohibited from receiving social security income while incarcerated. However, once released from prison, a felon can continue to receive social security.
Can a lawyer drop a felony charge?
Yes, a lawyer can help you remove a felony from your record through legal processes like expungement, sealing, or pardon, but eligibility depends heavily on state laws, the type of crime (serious offenses often excluded), and completing your sentence. A lawyer navigates complex procedures, determines your eligibility, files petitions, and argues your case for a judge to potentially grant the record clearance, improving job and housing prospects.
How to avoid jail time for felony?
In California, you may avoid incarceration following a felony conviction if granted probation. In other cases, convicts avoid jail time through a plea deal. No matter what charges have been filed against you, securing a criminal defense attorney can help give you the best possible outcome.
What is the most popular reason that cases get dismissed?
The most popular reasons cases get dismissed revolve around insufficient evidence (prosecutors can't prove guilt beyond a reasonable doubt), violations of the defendant's constitutional rights (like illegal searches), and witness issues (unavailability, unreliability, or victim non-cooperation). Procedural errors by law enforcement or the prosecution, prosecutorial misconduct, or a case settling (in civil matters) are also very common reasons.
Does a felony charge ruin your life?
A felony conviction doesn't always "ruin" a life but creates significant, long-lasting barriers, impacting employment, housing, voting, gun rights, and professional licenses, alongside social stigma, making rebuilding challenging but often possible, especially with efforts towards rehabilitation, legal help, and sometimes expungement or pardon. The severity depends on the crime, jurisdiction, and individual circumstances, but life-altering collateral consequences are common long after the sentence ends.
What happens to first time offenders?
For first-time offenders, courts often lean towards rehabilitation, offering alternatives like diversion programs, probation, community service, or treatment instead of jail, especially for misdemeanors; successful completion can lead to dismissed charges or sealed records, preventing a permanent criminal record, though serious crimes still risk jail time, with outcomes depending heavily on the crime's severity, jurisdiction, and legal representation.
How much is $20 worth in jail?
$20 in jail can buy small commissary items like soap, toothpaste, snacks, stamps, or phone time, making a significant difference for basic comforts, but it won't cover major needs or luxuries, as prison markups inflate prices, with an inmate often needing $50-$150 monthly for basics, but even $20 helps with hygiene and small food/phone boosts.
Is my life over if I'm a felon?
The truth is, even a single felony conviction can drastically affect your life, often for years after you've served your sentence. Unlike misdemeanors, felonies carry the weight of long-term legal, financial, and personal repercussions.
Why is a felony so bad?
An offender charged with felonies must take their criminal case very seriously. Under the relevant statute, the civil rights of convicted felons are revoked. This would mean that a convicted felon loses their right to vote, serve on a jury trial, and possess firearms.
Do felony charges stay on your record forever?
In California, a felony conviction typically stays on your record indefinitely unless you take action to have it removed. This means that without intervention, your felony conviction could potentially impact your life for years to come.
How bad is a felony charge?
On top of prison time, a felony conviction in California nearly always results in substantial fines, court fees, and restitution payments to victims. Fines for felony offenses can reach up to $10,000 or even more in some cases. You'll also likely have to pay additional fees and costs to the court related to your case.
How to convince a judge to not put you in jail?
Defending the Case
The best way to avoid jail is to avoid a conviction by getting the case dismissed, either by filing motions to suppress or going to trial and getting a not guilty verdict from the jury.
What is the hardest thing to prove in court?
The hardest things to prove in court involve intent, causation (especially in medical cases where multiple factors exist), proving insanity, and overcoming the lack of physical evidence or uncooperative victims, often seen in sexual assault or domestic violence cases. Proving another person's mental state or linking a specific harm directly to negligence, rather than underlying conditions, requires strong expert testimony and overcoming common doubts.
How to beat felony charges?
Here are the steps you need to take if you are facing a felony charge in California:
- Exercise Your Right to Remain Silent. ...
- Remain Calm and Polite. ...
- Contact an Attorney Immediately. ...
- Know What Felony Offense You are Facing. ...
- Do Not Post Bail Without Speaking to an Attorney. ...
- Be Honest with Your Attorney.
Does dropping charges mean innocent?
To drop charges means that the prosecutor decides not to proceed with a criminal case against a defendant. This action stops the legal process and removes the possibility of conviction or punishment for the alleged offense. However, this doesn't mean the charges can never be reinstated and charged later.
Can a lawyer stop you from going to jail?
Should you be convicted, your attorney can make a compelling case that your jail time be deferred based on your successful completion of probation. It's important to note that not all judges sentence you to jail time, even if the sentencing guidelines for your crime recommend it.
Can I leave the US if I have a felony?
Yes, felons can often leave the U.S. and get a passport, but travel is restricted if you're on probation/parole, have pending charges, owe significant child support, or were convicted of certain crimes like drug trafficking; you must also check the entry laws of the destination country, as many deny entry based on criminal records, especially for serious offenses like crimes involving "moral turpitude".
What jobs can a convicted felon not do?
While there's no universal "forbidden" list, felons often face significant barriers in jobs requiring licenses (teaching, law, healthcare), government roles (police, security clearance), finance (banking, trading), transportation (pilots, conductors), and any position involving vulnerable populations (children, elderly), with restrictions varying by state and the nature of the conviction, especially for crimes related to honesty, violence, or substance abuse.
What are the disadvantages of being a convicted felon?
Loss of Voting Rights, Firearm Possession, and Jury Service
You also might not be able to own a gun or serve on a jury. Many people take these rights for granted but can be out of reach for convicted felons. Getting these rights back can be challenging.