Q:

What is a "pre-trial felon"?

A:

Quick Answer

In the United States, a pre-trial felon is someone who has been charged with a felony, but whose case has not yet gone to trial. The pre-trial process involves one or more hearings which take place before a full trial is convened. They are usually held to establish whether or not a full trial is warranted.

Continue Reading
What is a "pre-trial felon"?
Credit: Rich Legg Vetta Getty Images

Full Answer

The trial process can be costly to tax payers. For this reason, when people are charged with crimes, a trial is reached only after a case goes through several other stages of review. First, when someone is arrested for a crime, he is arraigned. An arraignment is a hearing in which an individual is formally charged for the crime in question.

After an arraignment takes place, the prosecuting attorney must first prove that a crime has been committed and that it is reasonable to assume that the person arrested and charged with the crime could have committed it. This is the first stage of the pre-trial process. In the next stage of the pre-trial process, the defense lawyer or lawyers and prosecuting attorney discuss possible resolutions to the case.

Depending on the severity of the crime, the accused individual's previous criminal history and how strong a case each side thinks it has, a resolution may or may not involve a plea bargain. In a plea bargain, an individual offers a plea in exchange for a lesser sentence than what he would receive if convicted in the trial process. Only if the case cannot be resolved during the pre-trial process does it proceed to a full trial.

Learn more about Crime

Related Questions

  • Q:

    What is the penalty for violating probation in Florida?

    A:

    The penalty for violating probation in Florida varies depending on the circumstances of the case, according to Florida criminal trial lawyer Richard E. Hornsby. If found guilty, a judge can motion to reinstate probation, modify the terms of the probation, or revoke probation entirely.

    Full Answer >
    Filed Under:
  • Q:

    What is the purpose of a preliminary hearing?

    A:

    The Legal Dictionary states that the purpose of a preliminary hearing is to determine in a court of law whether there is substantial evidence to proceed with a criminal trial for someone charged with a felony. A preliminary hearing must be held within a few days after arraignment.

    Full Answer >
    Filed Under:
  • Q:

    Would a convicted felon be allowed entry into Mexico?

    A:

    A convicted felon is not advised to travel to Mexico. The Mexican authorities will send the person back to wherever he or she came from if they were to find out.

    Full Answer >
    Filed Under:
  • Q:

    What is the difference between a felony sentence and the actual time a felon serves?

    A:

    As of 2015, state laws governing early release vary. In California, inmate populations, prior convictions, gender, medical considerations and the degree of violence involved in a conviction may affect the actual time a felon serves, explains Greg Hill & Associates. Prison overcrowding is the single most influential factor likely to result in an early release. Prisoners in Arizona can reduce time served by up to 15 percent by accumulating earned release credits, notes attorney James Novak.

    Full Answer >
    Filed Under:

Explore