What Happens in Misdemeanor Case
Misdemeanor
Definition: This is an offense less serious than a felony, punishable up to a fine of $1,000.00 and/or a maximum of one year in jail.
Best Reason to Hire Private Lawyer:
If you hire a Criminal Defense Lawyer – Under Penal code 977(a)
IT IS NOT MANDATORY for you to appear in Court (unless you have been arrested for a domestic violence offense – PLEASE CONFIRM WITH YOUR LAWYER)
If you have not hired a Criminal Defense Lawyer
It is mandatory for you to appear in Court
ANATOMY OF A MISDEMEANOR OFFENSE:
Step 1:
Arraignment – The First Court Appearance
After your arrest, booking, and initial bail phases of the criminal process, the first court appearance is called the arraignment. In a typical arraignment, a person charged with a crime is called before a criminal court Judge or Commissioner:
- The Judge will read the criminal charge(s) against the person (now called the “defendant”);
- The Judge will ask the defendant if he or she has an attorney, needs the time to hire an attorney or if determined to be indigent qualifies for the assistance of a court-appointed attorney (i.e.: “the Public Defender”)
- The Judge will then ask the defendant how he or she answers, or “pleads to”, the criminal charges -- “guilty,” “not guilty,” or “no contest” or if they want to continue the arraignment to a future date without entering a plea.
- During the Arraignment the Judge may decide whether to change the bail amount or to release the defendant on his or her own recognizance --without having to post bail to be released (Note: This matter may be revisited even if addressed in a prior proceeding); and
- The Judge will then set a date for future proceedings in the case, such as the pretrial date and a date for trial which is generally (45) days from the Arraignment if the defendant is out of custody and (30) days if the defendant is still in custody.
Step 2:
Pre Trial Conference
This is a meeting between you, your lawyer and the District Attorney – it covers any motions, discovery of further evidence and potential opportunity of negotiations for a plea bargain. Most pre-trial conferences are out of the court room – and are held in the jury room.
Plea Bargains
The vast majority of criminal cases are resolved through a “plea bargain”, usually well before the case reaches trial. In a plea bargain, the defendant agrees to plead guilty or no contest, often to one count, pr the charges are sometimes reduced to a lesser charge than one for which the defendant could stand trial, in exchange for a more lenient sentence, and/or so that certain related charges are dismissed. For both the prosecutor and the defendant, the decision to enter into (or not enter into) a plea bargain may be based on the seriousness of the alleged crime, the strength of the evidence in the case, the defendants criminal history or lack thereof and the prospects of a guilty verdict at trial. Plea bargains are generally encouraged by the court system, and have become something of a necessity due to overburdened criminal court calendars.
For Misdemeanor Offenses that go to a Trial
Trial
In a criminal trial, a jury listens and examines the evidence to decide whether, “beyond a reasonable doubt,” the defendant committed the crime{s} in question. In a trial the prosecution has the burden of proving to the judge or jury that the defendant committed the offense{s} in the hope of obtaining a “guilty” verdict and a conviction of the defendant. A trial also represents the defense’s chance to refute the prosecution’s evidence, and to offer its own in some cases. After both sides have presented their evidence and made their arguments, the jury considers as a group whether to find the defendant guilty or not guilty of the crime(s) charged. (Note: Although a trial is the most high-profile phase of the criminal justice process, the vast majority of criminal cases are resolved well before trial -- through guilty or no contest pleas, plea bargains, or dismissal of charges.)
Sentencing
After a person is convicted of a crime, whether through a guilty plea, plea bargain, or jury verdict, the appropriate legal punishment is determined at the sentencing phase. A number of different kinds of punishment may be imposed on a convicted criminal defendant, including:
- Fines;
- Incarceration in jail (shorter-term);
- Incarceration in prison (longer-term);
- Probation; (with or without custody time)
- A suspended sentence, which takes effect if conditions such as probation are violated;
- Payment of restitution to the crime victim;
- Community service; or Caltrans or Graffiti Removal
- Drug and alcohol rehabilitation.
For misdemeanors and infractions, sentencing often takes place immediately after conviction or when a defendant has pled guilty. In more complex criminal cases, such as those involving serious felonies, the sentencing judge usually receives input from the prosecutor, the defense and the probation department (which prepare recommendations in a“pre-plea report or post conviction.
Please email me at : information@orangecountycriminaldefenselaw.com on any criminal matter or call us at: 877-815-7421 or fill out our contact form.
Law Offices of Stull & Stull
Orange County Criminal Defense Attorney
15615 Alton Parkway suite 450
Irvine, Ca. 92618
Phone: 877-815-7421
Fax: 949-271-6486
Email: information@orangecountycriminaldefenselaw.com
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