1. What Do Your Felony Charging Papers Say?
Match each count to the law listed next to it. A count is a separate charge. Your attorney can explain what the prosecutor must prove for each count. Your attorney can also point out any separate allegations that could add time to a sentence.
Separate Charges from Sentencing Enhancements
A sentencing enhancement can add time to a sentence. For example, the law may allow extra time for personal use of a firearm. The prosecutor must prove the allegation unless you admit it. Your attorney can check if reports, recordings, and witness accounts connect the claimed firearm use to you. Your attorney can also check if they connect it to the charged offense.
A criminal defense attorney can also compare the dates in the charging papers with work schedules or travel records. Note where those records came from so your attorney can check them against the case timeline.
Check Whether You Can Seek a Misdemeanor Reduction
Some crimes can count as felonies or misdemeanors. These crimes are called wobblers. Second-degree burglary is one example. Under Penal Code § 17(b), a judge can reduce a qualifying charge before trial.
If the judge denies that request, you must show that circumstances have changed before you can ask again. New facts about the charge or a change in the law may support a new request.
2. What Happens between Arraignment and Trial?
At arraignment, the court addresses the charges and your plea. The judge may also decide whether to release you and set conditions. The way the prosecutor filed the charges helps determine which hearing comes next.
Follow the Terms of Any Release or Protective Order
Check the order for limits on contact, travel, or other activities. If it bars contact, a message from the protected person does not change the order. Your attorney can explain what the order allows and ask the judge to change its terms when appropriate. If someone claims you broke the order, your attorney can review the alleged restraining order violation.
Check How the Prosecutor Filed the Charges
A case that proceeds on a felony complaint usually goes to a preliminary hearing. You can waive that hearing, and the case may also end before it takes place. At the hearing, the judge decides whether there is enough evidence for the felony case to move forward. If the judge finds enough evidence, the prosecutor can file a new charging document called an information. The court then holds an arraignment on that document. A grand jury indictment generally bypasses the preliminary hearing.
Save Evidence before It Disappears
Keep original messages, receipts, and recordings. If a business may have video, tell your attorney where and when the event took place. Your attorney can ask the business to save the footage before the system deletes or overwrites it. A review of criminal evidence can help test a witness's account or identify grounds to challenge a search.
Compare a Plea Offer with Going to Trial
Your attorney can explain which evidence the judge is likely to allow at trial. That assessment helps you weigh a plea offer against going to trial. At trial, the prosecutor must prove guilt beyond a reasonable doubt.
Your defense strategy can change as new evidence comes in. Ask which facts are still in dispute and what your attorney needs to check before you decide.
3. What Can a Felony Conviction Mean for You?
The charge you are convicted of, any enhancements, and certain past convictions can affect your sentence. Before accepting a plea, ask about jail or prison time and any terms of supervision. If you hold a professional license or are not a U.S. citizen, ask how the plea may affect you.
Compare Probation, County Jail, and State Prison
If the law allows probation, the judge may require jail time as a condition. Under Penal Code § 1170(h), you may also serve some felony sentences in county jail. Certain serious or violent felony convictions, past or current, can require state prison under that law. Your attorney can check the records of past convictions. They can then compare the plea offer with the range of sentences you could face after trial.
Check Licensing and Immigration Risks before a Plea
A plea can affect a professional license even if you serve no time in jail or prison. A state conviction can also affect a noncitizen under federal immigration law. Bring up these concerns before you enter a plea. Your attorney can review the exact charge you would plead to, the terms of the offer, and any facts you would admit in court.
4. Frequently Asked Questions
Your next hearing date helps a private attorney estimate the work ahead. For an older conviction, start with the court's judgment and sentencing records.
Fees depend on what work the attorney agrees to handle. Ask for a written fee agreement. Check whether it covers the preliminary hearing, motions, and trial. Ask how the attorney bills for investigators or experts. If you cannot afford a lawyer, tell the judge at arraignment and ask about court-appointed representation.
California has no general rule that erases a felony conviction after ten years. Some convictions qualify for automatic record relief. In other cases, you may be able to ask a judge to dismiss the conviction. Your options depend on the offense, your sentence, and the rules for each type of relief.
5. Request a Felony Defense Consultation
Bring your charging papers, court notice, and any release or protective orders. When you schedule a consultation, mention any upcoming hearing or evidence you could soon lose. A defense attorney can explain what the court is likely to address next and which records would help you prepare. Tell your criminal defense lawyer if you have more than one case number. Bring the papers for each case so your lawyer can match the orders and dates to the right case.
06 Nov, 2026
