What Happens in a Misdemeanor Case
Misdemeanors are primarily offenses
with
a maximum punishment of a $1,000 fine
and
a county jail term of 1 year or less.
However,
there are some offenses which exceed
this
general criteria; for example, spousal
abuse
can carry a higher maximum fine. Examples
of a misdemeanor violation are: shoplifting
(depending upon the value of merchandise),
prostitution, vandalism, and driving
under
the influence.
The processing of a misdemeanor is
as follows:
An arrest is made - police take the
defendant
to jail (or released on signed citation
in
the field). If the defendant is arrested
and given a date to appear in court,
three
things can happen:
- The defendant is released - no charges are
filed
- The defendant posts bail or is released on
his own recognizance ("OR")
and
is scheduled for arraignment
- The defendant remains in custody of the Sheriff
/law enforcement agency and is brought
to
Court for arraignment
Arraignment & Plea - defendant is brought
to court
- Defendant informed of charges
- Defendant is informed of his/her constitutional
rights
- An attorney is retained by the defendant.
If the defendant wishes to have an
attorney
but cannot afford one of his/her
choice,
the Court may appoint one.
- Bail is set by the Court. Defendant released
on "own recognizance",
or remains
in custody if unable to post bail.
OR
- Defendant enters a plea - not guilty, guilty,
no contest
- Not Guilty - the defendant states that he/she
did not commit the crime. The case
is set
for a future event.
- Guilty or No Contest
- Guilty - the defendant admits that he/she
did commit the crime
- No Contest- the defendant will not contest
the charge. It has the same effect
as a guilty
plea except that the conviction
cannot be
used against the defendant in
a civil suit.
- The case is resolved at time of arraignment.
This will include any fines/fees
and court-ordered
programs imposed by the judge.
Pre-Trial Proceedings (Upon not guilty plea)
- Discovery exchange
- Motions may be filed to set aside the complaint,
to dismiss the case, or to suppress
evidence,
etc.
- Defendant may change his/her plea to guilty
or no-contest
Jury Trial
- Jury is selected
- Witnesses testify
- Jury decides if the defendant is guilty or
not guilty
- If not guilty, the defendant is released
and cannot be tried again for the
same crime.
- If guilty: Sentenced to Jail/Probation/other
conditions
- Appeal - The defendant can appeal to the
Appellate Department of the Superior
Court
Court Trial
- Witnesses testify
- Judge decides whether the defendant is guilty
or not guilty
- If not guilty, the defendant is released
and cannot be tried again for the
same crime.
- If guilty: Sentenced to Jail/Probation/other
conditions
- Appeal - The defendant can appeal to the
Appellate Department of the Superior
Court.
|
