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Difference between Felony Arrest and Felony Charge
A felony is any particularly serious crime, and is distinguished from a misdemeanor, which is a less serious offense. Individual states generally have discretion as to what crimes they will classify as felonies or misdemeanors, but generally, felonies are crimes which carry a penalty of at least one year in prison, while misdemeanors usually carry a year or less in prison or jail.
A felony arrest can take place before or after a felony charge has been issued. An arrest is simply when the police take a person into custody, on suspicion that they have committed a crime.
A felony charge is the beginning of formal legal proceedings against the person accused of the felony: it is when a district attorney brings formal accusations against the defendant before the court.
The exact felony charging procedure differs between individual states. States generally choose between 2 different procedures. Several states, and the federal government, use a grand jury. This is a large group of ordinary citizens, picked at random. The prosecutor then presents evidence against the accused, and the grand jury decides whether or not the person can be charged with a crime. Note, that this is not a determination of guilt; it is only a determination that there is enough evidence to bring the defendant to trial. Under the U.S. Constitution, a defendant accused of any “capital or infamous crime” (basically, any felony) cannot be brought to trial unless charged by a grand jury.
Though some states do employ grand juries, the U.S. constitution does not require them to do so, and some have done away with the system. In such jurisdictions, the prosecutor writes a document accusing the defendant of a crime (known as an “information” or “complaint”), and presents it to a judge. The court, to ensure that there is enough evidence to go to trial, usually holds a preliminary hearing, in which they examine the available evidence, and decide whether or not the defendant should be brought to trial.
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