Felonies

THINGS YOU SHOULD KNOW ABOUT FELONY CASES

  1. You could go to prison. A "felony" is considered any offense for which a person could be sentenced to prison. Just because you have a felony case, of course, does not mean that you will actually do time. However, it is always a possibility.
  2. Even if you are guilty, it might be possible to keep a felony conviction off of your record. Judges have the option of granting deferred adjudication probation in many types of felony cases. Deferred adjudication is a form of probation, that if successfully completed, results in a dismissal of the case.
  3. It usually takes time for a felony case to get filed. Unlike misdemeanor cases, which prosecutors can directly file in court, a felony case has to go through an additional step before it can be filed. The District Attorney must first take the case to a grand jury, which is a group of 12 persons who are selected by a judge to to decide if felony cases are formally charged in court. If the grand jury decides that a felony should be charge, it signs a document called an indictment which is filed in a district court. Grand juries in Comal and Guadalupe Counties usually meet only once a month. The time limit for filing a felony case varies depending on the offense charged.
  4. If a person is in jail waiting to be charged, a district judge can still hear evidence to decide if he should be kept in custody. Even if a person has not yet been formally charged in court with a felony. A district judge can still consider evidence concerning whether or not the person's bail should be reduced or whether or not there is probable cause to continue holding the person in custody.
  5. You should be proactive about seeking alcohol or drug counseling if you have an alcohol or drug-related felony charge. Although it is not automatic or mandatory, it is common for judges in alcohol and drug- related felony cases to lock up people in in-patient treatment facilities. We urge clients with alcohol or drug problems to seek treatment on their own, before a court decides to impose its own treatment plan on them.