A Felony is defined as a serious crime that has a possible prison term of 1 year or more. Some Felonies carry terms of up to 40 years. Capital felonies have special rules of their own including life in prison or execution.
The Arrest
When the police arrest someone and believe a felony should be charged, a statement of probable cause is generated and charges based upon that statement are brought into court.
The Bond Hearing
After a felony arrest, the accused is taken before a judge to set a bond. The bond court judge hears the charges and history of the defendant. The judge decides the terms of the defendant’s release, whether it is by personal recognizance or by posting with the court an amount of money. If the judge sets a monetary amount of bond and the defendant cannot post that, then the defendant remains in custody.
Assignment to Trial Court
When someone is arrested and charged with a felony, following the bond hearing the case will be assigned to another judge for further proceedings, up to and including a trial.
Arraignment
At the arraignment the defendant is formally told of the charges against him. It is at this point that a formal plea of not guilty is given to the court.
Formal Filing of Charges by the State Attorney
The charges brought by the police are not the final formal charges. That decision is ultimately made by the State Attorney after a review of the evidence in the case. After the review, the State Attorney will file a document called an Information. The charges in the Information are those that will have to be defended. The time between the arrest and the filing of the Information may be used by the attorney for the accused to negotiate with the State Attorney regarding what charges will be included in the Information.
Discovery
This is the process by which the state must provide to the accused the evidence that it has against him. Gathering this evidence is extremely important to the defense.
Motions
A Motion is a request by an attorney asking the judge to order that something be done. Some motions, if successful, such as Motion to Quash Arrest, Motion to Suppress Evidence, Motion to Suppress Statement, can result in the case being dismissed. Experienced lawyers keep an eye on the case and the evidence to determine if there are important motions to be made that affect their client’s freedom.
Plea Agreement
This is when the State Attorney, defense attorney and defendant agree what penalty will be imposed if the defendant pleads guilty to the crime. These agreements may include changes in the charges. Many cases are finished in this fashion, and an experienced lawyer knows what the usual penalties are for specific situations. In that way he can arrange for the best possible outcome for his client.
Trial
In the event that there is no agreement in return for a plea, (or the case is not dismissed by way of a motion) then a trial is held, and the defendant maintains his plea of not guilty. At trial the state presents evidence to either a judge (bench trial) or a jury. The state must prove the defendant’s guilt beyond a reasonable doubt. If this does not happen, the defendant is found not guilty and the case is over. If it does happen, then the defendant will have a penalty imposed by the judge who presided at the trial.
Possible Felony Fines & Terms of Imprisonment & Fines
Florida has defined felonies in five degrees.
| Degree | Possible Fine | Possible Prison Term |
| Capital Felony | Minimum 25 years | Execution |
| Life Felony | $15,000 | 40 Years |
| 1st Degree Felony | $10,000 | 30 Years |
| 2nd Degree Felony | $10,000 | 15 Years |
| 3rd Degree Felony | $5,000 | 5 Years |