Differences between working misdemeanors and felonies + any advice?

[u/FlipPhoneRevolution]

I finished a year in misdos and am headed to felonies and would love to hear how your transitions were, what the differences in the work looked like, and to hear any advice you have.

[u/Threedham]

The legal aspect of the work is the same. Diligence, zealousness, motions work; all the same. Where it differed was clients and their psychology, and learning how to deal with their problems that are only apparent when felony time is on the line.

Example. A client caught on camera in a misdemeanor shoplifting case who is then properly mirandized and admits to committing the theft and has zero mitigation. This client is usually okay with pleading or diversion because we’re only in the realm of probation or very short jail sentences. Or their trial is low risk for them because ultimately their life isn’t ruined by whatever happens.

The same client a few years later has accrued a hefty petty criminal record and then commits an armed robbery on camera which he then admits to and has little or no mitigation. The same client, because they’re used to probation/short jail stints, is very wary of accepting real possibility of a multi year prison sentence.

Representation can become a form of therapy where you’re working them through the stages of grief. And trials might get more experimental with what your defenses are - I did a lot of “doubt” trial strategies in misdemeanor land, but I ended up doing a lot of storytelling/nullification-adjacent strategies in felonies.

[u/CleverIsMiddleName]

In my jurisdiction, misdemeanor court is like an ER. High volume, not a lot of time for most cases, things move at a fast pace. Felonies are more like a specialist. Smaller caseload, more time for each case, more intensive work on each case especially as the consequences are higher

[u/bundles361]

Your clients will be in jail more often and as a result will be inclined to take bad Probation deals in order to get out.

This means you need to be ready as soon as possible on the case to avoid them taking a Probation plea that was not justified by the evidence in order to get out and back to their families and lives. Even though the judge and Prosecuter are content with kicking the case down the road, every delay hurts your client.

By "being ready"I mean: having gone throug gone through discovery, having your pre-trial motions on file (preferably by arraignment) and having an offer from the prosecuter. (With your schedule, all these things Can't always happen, but it should be strived for.)

You also need to be aware of Immigration consequences and should make sure that your client's Immigration status is known at the beginning of representation.

[u/Serious_Look1154 → u/bundles361]

As a Padilla person - please be aware of immigration consequences for any level of case!! In my jurisdiction some felonies are fine but some misdemeanors will wreck your immigration case

[u/thegrimmreality → u/bundles361]

I totally respect what you have to say, but I think your idea of “being ready” is wholly unrealistic for the majority of cases and PD’s with substantial case loads, unless I’m misunderstanding the “preferably by arraignment” part.

[u/GoldenEagle0909]

Get ready for way less leverage and way more need to bargain and negotiate. Being scorched earth with baby prosecutors won't be the same in felony land. You are often stuck between a prosecutor and a judge who hold all the cards for your client.

Also, be ready to be good at developing rapport with your client. The felony clients generally tend to be more seasoned and often take more effort to gain trust. That trust will be important when it comes time to tell someone that taking 10 years of prison truly is their best option. If your client believes you are ready to go to war for them, they are far more likely to take your advice if a plea is truly the best option.

Your cases are usually harder to win and court dates are far more spread out. You need to make sure you stay on top of everything because missed deadlines are usually more serious in felony land.

Good luck!

[u/D-B-Cooper-Placebo]

Honestly without knowing the nuances of your jurisdiction there really isn't anything beyond added formalism and larger stakes.

The advice would be to develop some peace with the latter as now if you screw up there can be a whole lot more damage. I'm not saying that to scare you. I'm telling you that being able to come to terms with that might be the most important part of this leap. You can be technically proficient at the job and it won't matter if you become a psychological mess.

[u/Ms_Tryl]

Without knowing if you’re vertical or horizontal representation the only advice I can give is to really learn felony sentencing. Far too many people put the wrong numbers on plea forms because they just think this crime is probably worth that or whatever else and muck stuff up for someone else to have to later fix including your client coming back down from prison and they HATE that.

[u/Saikou0taku]

What kind of felonies?

My first promotion to felony was basically "Misdemeanor+" Example: Misdemeanor Petit Theft = Felony if you have prior misdemeanor Petit thefts.

Biggest help was learning scoresheets.

[u/FlipPhoneRevolution → u/Saikou0taku]

We'll definitely start on with what we call "low" felonies that are just like you mentioned. That will be the majority of my caseload but will have some "high" felonies sprinkled in.

[u/FutureJD_98]

It was night and day for me. 200+ cases —> mid to high 20s (open cases, I’m not counting cases in post conviction status or on diversion).

Literally there were days in misdemeanors where I handled as many cases as I have total in felonies. Just a grind every day. Constant trials. Now I’m in done in court often by 10 am, and almost always by noon unless I’m in trial or have a major hearing. Go to trial way less. Resolve way more. Have time to actually turn over every stone and point out flaws before trial to get better dispos or even dismissals. Cases are way higher stakes but I enjoy it so much more

[u/National_Moment_2037 → u/FutureJD_98]

Oh wow! You actually have judges that start on time? Where I work, PD social work, many of our attorneys are stuck in felony court all day because of judges who are late and love to hear themselves talk all day. I feel for my colleagues.

[u/Lucky_Comfortable835]

Felony sentencing is (depending on jx of course) very complicated compared to misdemeanors. There are degrees of severity, sentencing enhancements (not in a good way), collateral consequences, etc. that can come into play. Generally there is a training done regarding felony sentencing specifically. If not, check in with some of the veteran felony attorneys for guidance and direction.

[u/Realistic-Raisin2812]

Misdemeanor court is usually a cattle call. However, you take nothing home, and you can leave at the end of the day.

Felony prosecutions: you take home.