What is a felony?
A felony is a more serious offense that carries a possible sentence of imprisonment for a year or more upon conviction. The defendant is not called upon to plead guilty or not guilty at his/her first court appearance. Instead, a date is set to determine whether or not there exists probable cause to believe the defendant committed the offense. The State either presents evidence of probable cause to a grand jury made up of sixteen citizens, or to the judge in a preliminary hearing. If there is a finding of probable cause, the case is set for arraignment, at which time the defendant is formally charged with a criminal offense and is called upon to plead guilty or not guilty. If the defendant pleads not guilty, a trial date is set. It is always possible, however, that the case may be resolved by way of a negotiated plea of guilty prior to the trial.