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Steps in Felony Prosecution (Investigation (Can be limited by type of…
Steps in Felony Prosecution
Investigation
Can be limited by type of investigating is being done and if proper warrant are obtained as well as laws followed
Charging
There must enough probable cause to charge someone. A grand jury may also be used to determine if a person is charged
Arraignment/ Initial Hearing
Discovery
Plea Bargaining
this step can be combined with sentencing depending on what plea is entered at the initial hearing and avoid a trial
Preliminary Hearing
At this hearing probable cause must exist to pursue a trial or charges. If probable cause doesn't exist then charges are dismissed.
Pre-Trial Motions
A motion to dismiss could be entered based of discovery or preliminary hearing stating there isn't enough evidence
Trial
This step can be avoided on a state level through acceptance of a plea bargain or entering a guilty plea.
Post Trial Motions
Motions entered during this step can result in avoidance of an incorrect sentence or the need for an appeal
Sentencing
Can happen after initial hearing
Appeal