🇺🇸 USA · Criminal Defense & DUI · 13 min read

Felony Defense Attorney Guide — Charges, Bail, Plea Deals and Trial in State and Federal Court

By the American Counsel legal team · Updated October 2026

A felony charge can threaten your freedom, your job and your future. You need a felony defense attorney who explains the case clearly and fights for the best possible outcome.

The first days after an arrest matter most. Bail is set, evidence is gathered and early decisions shape the whole case. However, many people make those decisions without understanding the charges. Therefore, getting informed quickly is the most valuable thing you can do.

This guide explains how felony cases move through state and federal courts, from arrest and bail to plea negotiations, trial and sentencing. Moreover, it shows how a fixed-fee case review or consultation helps you, alongside the defense lawyer who represents you in court.

What makes a crime a felony?

A felony is generally a crime punishable by more than one year in prison. Misdemeanors carry lighter penalties, usually up to a year in local jail. However, states classify crimes differently. Some offenses, called wobblers, can be charged either way.

Felonies are often divided into classes or degrees. For example, a first-degree felony carries far heavier penalties than a fourth-degree felony. Consequently, the exact charge and its classification affect everything that follows.

State vs. federal charges

Most felonies are state crimes. Federal charges arise when conduct crosses state lines, involves federal agencies or violates federal statutes. Federal cases follow the U.S. Sentencing Guidelines and often involve long investigations. As a result, federal cases tend to be document-heavy and high-stakes.

Arrest, bail and the first hearing

After an arrest, the first court appearance usually happens quickly. At that hearing, the charges are read and bail or release conditions are decided. In addition, a lawyer may be appointed if you cannot afford one.

Bail depends on the seriousness of the charge, criminal history, ties to the community and flight risk. If bail is too high, a motion can ask the court to lower it. Our Bail Reduction Motion service starts at $199.

What not to do

Do not discuss the case with police, cellmates or on recorded jail phones. Similarly, avoid social media posts about the case. Everything can become evidence. Instead, speak only to your attorney. An arrest consultation explains your rights right away.

Evaluating the evidence

Every defense starts with the evidence. Police reports, witness statements, video, phone records and lab results must all be reviewed. Furthermore, how the evidence was obtained matters as much as what it shows.

Constitutional issues can be decisive. For example, evidence from an unlawful search may be suppressed. Likewise, statements taken without proper warnings may be excluded. Consequently, a careful review often reveals defenses that are not obvious at first.

Our Criminal Case Review gives you a written assessment of the charges, the evidence and the likely options. It starts at $149. As a result, you can have informed discussions with your defense lawyer.

Plea deals vs. trial

Most criminal cases end in a plea agreement. A plea may reduce the charge, limit the sentence or dismiss counts. However, a plea is a conviction, with lasting consequences for employment, housing and immigration status.

Before you accept any offer, understand exactly what you are pleading to and what sentence to expect. Moreover, ask about collateral consequences. Non-citizens, in particular, should read our guide to crimigration and criminal deportation.

Going to trial

Trial is the right choice when the evidence is weak or the offer is unacceptable. Felony defendants generally have the right to a jury trial. The prosecution must prove guilt beyond a reasonable doubt. Pretrial motions, such as motions to suppress, often shape the trial. Our motion preparation service drafts these at a fixed price.

Sentencing and mitigation

If there is a conviction, sentencing follows. Judges consider the offense, criminal history and mitigating factors. Mitigation can make a real difference.

Strong mitigation shows the person behind the case. Employment history, family responsibilities, treatment, community service and remorse all matter. Our Character Letters for Court service helps supporters write effective letters.

After sentencing, appeals and post-conviction options may exist. See our guide to criminal appeals and post-conviction relief.

What felony defense costs

Felony representation fees vary widely, depending on the charge, the court and whether the case goes to trial. Federal cases and multi-day trials cost the most.

Fixed-fee services can make key steps affordable. For instance, a criminal defense consultation is $299, and an emergency criminal consultation is $399 for urgent situations. Consequently, you can understand your case and your options before committing to a large retainer.

Our Felony Defense services in the USA

Every service below has a fixed price, is prepared by a qualified attorney and is delivered online — wherever you are in the USA. Additionally, you can upload evidence, message your attorney and track progress from your secure client dashboard.

Criminal-defense consultation in the USA

A confidential 45–60 minute phone or video consultation with a licensed US attorney about the criminal charge or investigation you are facing. Get straight answers on your rights, options, risks and likely costs, and a clear plan for your next steps.

It includes 45–60 minute call with a licensed US attorney — phone, video or WhatsApp, upload documents beforehand so your attorney is prepared, your rights, options, risks and likely costs in plain English. Moreover, it is usually ready in 1 working day. Express delivery is also available. As a result, you can act before deadlines pass.

Order Criminal-defense consultation — $299 See what's included →

Criminal Charge Review & Defense Strategy Memo in the USA

A written review of the charges, the likely penalties and immigration consequences, and your defense options for misdemeanor and felony cases.

It includes charge and elements analysis, sentencing exposure, immigration consequences flag (Padilla). Moreover, it is usually ready in 3 working days. Express delivery is also available. As a result, you can act before deadlines pass.

Order Criminal Charge Review & Defense Strategy Memo — from $149 See what's included →

Emergency criminal consultation in the USA

A confidential 45–60 minute phone or video consultation with a licensed US attorney about an urgent criminal matter — an arrest, charge or court date. Get straight answers on your rights, options, risks and likely costs, and a clear plan for your next steps.

It includes 45–60 minute call with a licensed US attorney — phone, video or WhatsApp, upload documents beforehand so your attorney is prepared, your rights, options, risks and likely costs in plain English. Moreover, it is usually ready in 1 working day. Express delivery is also available. As a result, you can act before deadlines pass.

Order Emergency criminal consultation — $399 See what's included →

Bail Hearing — Motion to Reduce or Set Bail in the USA

A motion for a bail hearing or bail reduction showing ties to the community, ability to pay and conditions that keep the public safe.

It includes motion to reduce / set bail, declaration of ties and finances, proposed release conditions (monitoring, check-ins, treatment). Moreover, it is usually ready in 1 working day. Express delivery is also available. As a result, you can act before deadlines pass.

Order Bail Hearing — Motion to Reduce or Set Bail — from $199 See what's included →

Motion / Response Preparation (Self-Represented) in the USA

Draft motions and oppositions for pro se litigants in state court.

Moreover, it is usually ready in 5 working days. Express delivery is also available. As a result, you can act before deadlines pass.

Order Motion / Response Preparation (Self-Represented) — from $149 See what's included →

Character Reference Letters for Court in the USA

Effective letters from employers, family and community members for sentencing, bail or diversion.

It includes templates for each referee, do's and don'ts for judges, cover letter. Moreover, it is usually ready in 1 working day. Express delivery is also available. As a result, you can act before deadlines pass.

Order Character Reference Letters for Court — from $49 See what's included →

Arrest consultation in the USA

A confidential 45–60 minute phone or video consultation with a licensed US attorney about an arrest — yours or a family member's. Get straight answers on your rights, options, risks and likely costs, and a clear plan for your next steps.

It includes 45–60 minute call with a licensed US attorney — phone, video or WhatsApp, upload documents beforehand so your attorney is prepared, your rights, options, risks and likely costs in plain English. Moreover, it is usually ready in 1 working day. Express delivery is also available. As a result, you can act before deadlines pass.

Order Arrest consultation — $399 See what's included →

Felony Defense services near you — every state we cover

Because everything is handled online, it makes no difference where you live. Nevertheless, the law does change from state to state, so every document is prepared for your local rules. Here are some of the places our clients come from most often.

Felony Defense help in California

We prepare felony defense documents for California law and local court practice. Clients come to us from Los Angeles (near the Stanley Mosk Courthouse downtown), San Diego (near the Hall of Justice on West Broadway), San Francisco (near the Civic Center courthouse on McAllister Street). For example, see Criminal-defense consultation in Los Angeles, Criminal-defense consultation in San Diego, Criminal-defense consultation in San Francisco. Similarly, see Criminal Charge Review & Defense Strategy Memo in California.

Felony Defense help in Texas

We prepare felony defense documents for Texas law and local court practice. Clients come to us from Houston (near the Harris County Civil Courthouse), Dallas (near the George L. Allen Sr. Courts Building), San Antonio (near the Bexar County Courthouse), Austin (near the Travis County Civil and Family Courts Facility). For example, see Criminal-defense consultation in Houston, Criminal-defense consultation in Dallas, Criminal-defense consultation in San Antonio, Criminal-defense consultation in Austin. Similarly, see Criminal Charge Review & Defense Strategy Memo in Texas.

Felony Defense help in Florida

We prepare felony defense documents for Florida law and local court practice. Clients come to us from Miami (near the Miami-Dade County Courthouse on West Flagler Street), Orlando (near the Orange County Courthouse), Tampa (near the George E. Edgecomb Courthouse). For example, see Criminal-defense consultation in Miami, Criminal-defense consultation in Orlando, Criminal-defense consultation in Tampa. Similarly, see Criminal Charge Review & Defense Strategy Memo in Florida.

Felony Defense help in New York

We prepare felony defense documents for New York law and local court practice. Clients come to us from New York City (near the New York County Courthouse at 60 Centre Street and the immigration court at 26 Federal Plaza), Brooklyn (near the Kings County Supreme Court on Adams Street). For example, see Criminal-defense consultation in New York City, Criminal-defense consultation in Brooklyn. Similarly, see Criminal Charge Review & Defense Strategy Memo in New York.

Felony Defense help in Illinois

We prepare felony defense documents for Illinois law and local court practice. Clients come to us from Chicago (near the Richard J. Daley Center). For example, see Criminal-defense consultation in Chicago. Similarly, see Criminal Charge Review & Defense Strategy Memo in Illinois.

Felony Defense help in Georgia

We prepare felony defense documents for Georgia law and local court practice. Clients come to us from Atlanta (near the Fulton County Courthouse). For example, see Criminal-defense consultation in Atlanta. Similarly, see Criminal Charge Review & Defense Strategy Memo in Georgia.

Felony Defense help in Arizona

We prepare felony defense documents for Arizona law and local court practice. Clients come to us from Phoenix (near the Maricopa County Superior Court). For example, see Criminal-defense consultation in Phoenix. Similarly, see Criminal Charge Review & Defense Strategy Memo in Arizona.

Felony Defense help in Pennsylvania

We prepare felony defense documents for Pennsylvania law and local court practice. Clients come to us from Philadelphia (near City Hall, home of the Court of Common Pleas). For example, see Criminal-defense consultation in Philadelphia. Similarly, see Criminal Charge Review & Defense Strategy Memo in Pennsylvania.

Felony Defense help in Washington

We prepare felony defense documents for Washington law and local court practice. Clients come to us from Seattle (near the King County Courthouse). For example, see Criminal-defense consultation in Seattle. Similarly, see Criminal Charge Review & Defense Strategy Memo in Washington.

Felony Defense help in Colorado

We prepare felony defense documents for Colorado law and local court practice. Clients come to us from Denver (near the Denver City and County Building). For example, see Criminal-defense consultation in Denver. Similarly, see Criminal Charge Review & Defense Strategy Memo in Colorado.

Felony Defense help in Massachusetts

We prepare felony defense documents for Massachusetts law and local court practice. Clients come to us from Boston (near the Edward W. Brooke Courthouse). For example, see Criminal-defense consultation in Boston. Similarly, see Criminal Charge Review & Defense Strategy Memo in Massachusetts.

Felony Defense help in Nevada

We prepare felony defense documents for Nevada law and local court practice. Clients come to us from Las Vegas (near the Regional Justice Center). For example, see Criminal-defense consultation in Las Vegas. Similarly, see Criminal Charge Review & Defense Strategy Memo in Nevada.

Felony Defense help in New Jersey

We prepare felony defense documents for New Jersey law and local court practice. Clients come to us from Newark (near the Essex County Hall of Records). For example, see Criminal-defense consultation in Newark. Similarly, see Criminal Charge Review & Defense Strategy Memo in New Jersey.

Felony Defense help in North Carolina

We prepare felony defense documents for North Carolina law and local court practice. Clients come to us from Charlotte (near the Mecklenburg County Courthouse). For example, see Criminal-defense consultation in Charlotte. Similarly, see Criminal Charge Review & Defense Strategy Memo in North Carolina.

We also help clients in Alabama, Alaska, Arkansas, Connecticut, Delaware, District of Columbia, Hawaii, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, New Hampshire, New Mexico, North Dakota, Ohio, Oklahoma, Oregon, Rhode Island, South Carolina, South Dakota, Tennessee, Utah, Vermont, Virginia, West Virginia, Wisconsin, Wyoming. See every location we cover.

Criminal-defense consultation in every state

Alabama · Alaska · Arizona · Arkansas · California · Colorado · Connecticut · Delaware · District of Columbia · Florida · Georgia · Hawaii · Idaho · Illinois · Indiana · Iowa · Kansas · Kentucky · Louisiana · Maine · Maryland · Massachusetts · Michigan · Minnesota · Mississippi · Missouri · Montana · Nebraska · Nevada · New Hampshire · New Jersey · New Mexico · New York · North Carolina · North Dakota · Ohio · Oklahoma · Oregon · Pennsylvania · Rhode Island · South Carolina · South Dakota · Tennessee · Texas · Utah · Vermont · Virginia · Washington · West Virginia · Wisconsin · Wyoming

Frequently asked questions

What should I do right after a felony arrest?

Stay silent about the case, ask for a lawyer and avoid discussing it on jail phones or social media. Then get a clear explanation of the charges and bail options as soon as possible.

Can felony charges be reduced to misdemeanors?

Sometimes. Prosecutors may reduce charges in plea negotiations, and some offenses can be charged either way. The evidence and your history affect the outcome.

How is bail decided in a felony case?

Courts consider the seriousness of the charge, criminal history, community ties and flight risk. A bail reduction motion can ask the court to lower an excessive amount.

Should I take a plea deal?

Only after you understand the evidence, the likely sentence at trial and every consequence of the conviction, including immigration and employment effects.

Do you help with felony cases in every state?

Yes. We provide case reviews, consultations and court documents for state and federal felony cases across all 50 states.

Contact American Counsel

📞 Phone / WhatsApp: +1 (217) 426-5403 · Chat on WhatsApp
✉ Email: support@american-counsel.com
🌐 Service area: online across all 50 US states and Washington, D.C.
🕑 Response: most enquiries answered the same working day

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This guide is general information, not legal advice for your situation. Every case is different — speak to a qualified attorney before you act.

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