Felony Cases: Stages

1. Initial Appearance: The complaint is reviewed and bond is set. In a felony case, a personal recognizance bond may be set, but it is more likely that some form of cash bail will be required because of the severity of the alleged charges.

2. Preliminary Hearing: One of the important differences between a misdemeanor and a felony is that in a felony case there is a preliminary hearing stage. A preliminary hearing is an opportunity for the defendant to see and hear some of the State's evidence. At a preliminary hearing, the State must show probable cause that a felony was committed. Probable cause is a low standard and, in most instances, the State will be able to sustain this burden. If probable cause is shown, the defendant will be bound over for trial. If probable cause is not shown the charges will either be dismissed or reduced to a misdemeanor. An advantage of having a preliminary hearing is that it affords the defendant an opportunity to see and examine some of the State's evidence prior to trial. This can be important because it may help develop defenses or evidence to support suppression motions. In some instances, however, there is a strategic reason to waive a preliminary hearing. Most often it is done to avoid having a witness testify who may otherwise become uncooperative or unavailable at a later date.

3. Scheduling Conference: At this stage, the case is either scheduled for a projected guilty plea or motions and trial. These stages are discussed above in the misdemeanor section. If convicted after a guilty plea or trial, the case will proceed to sentencing. Please refer to the sentencing stage set forth above.

Typically, a misdemeanor case will resolve in 60-150 days. A felony, however, may take up to 1 year or longer depending upon the complexity of the case. Of course, if a successful negotiation can be reached with the prosecutor, it may be advantageous to resolve the case quickly. The successful outcome of a criminal case often depends upon the active participation of the defendant. At our firm, we encourage our clients to address any mental health or substance abuse issues during the case because it is important that we be able to present mitigating factors in the event a dismissal or acquittal of the charges does not occur.

If you would like a free consultation regarding your criminal case, please contact our Omaha criminal defense lawyers to discuss your case. Let us put our vast resources and experience to work for you.