A misdemeanor is defined as a crime that is punishable by a maximum of a fine and/or imprisonment in a County jail for 364 days.
As in most criminal cases, a misdemeanor case begins when a police report alleging illegal acts is presented to the District Attorney or to a City Prosecutor who decides to file misdemeanor charges against the defendant. The prosecutor will file a complaint in criminal court, and set a date for the defendant’s first appearance.
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If you are aware of a pending court date, it is extremely important that you appear in court on the day and time specified. Failure to appear will result in the issuance of a warrant and possible
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Once a case has been filed, the first step in the process is the arraignment. The arraignment is where the defendant first appears in court, is informed of the charges, and enters a plea. The attorney who handles misdemeanor arraignments in that particular court will discuss the case with you, and a plea will be entered. The usual pleas are “not guilty,” “guilty,” or “no contest.”
In misdemeanor cases that are not likely to go to trial, it is not unusual, if you consent, for your attorney to settle the case on your behalf at arraignment.
If the case does not settle at arraignment, another court date will be set for the trial or, more commonly, for a pre-trial date, if more work needs to be done to prepare your defense.
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Remember, the prosecutor has filed the case because they are ready to proceed to trial. You and your attorney, on the other hand, may need more time to prepare your case because your attorney not only has to prepare your defense, but also must investigate and try to disprove the claims made by the police and other witnesses against you.
Once your attorney is ready to proceed to trial, a trial date will be set and a trial will be held. At the trial, 12 jurors will be selected. The prosecutor will try to prove to the jury that you are guilty of the charged offenses and your attorney will defend you. At the conclusion of the case, the jury will decide whether the prosecutor has proven the charges beyond a reasonable doubt.
All 12 jurors must agree in order to either convict or acquit. If the jury cannot agree, a “mistrial” will be declared by the court, and the case may be tried again before a different jury, it may be dismissed or a case settlement may be agreed by the prosecution and the defense.
If a defendant is found guilty, the judge will then impose a sentence. The possible range of sentence, which is set by various laws, may range from no jail and probation, to imprisonment in the state prison. Sentencing can be a very complex process, depending on the severity of the crime for which the defendant has just been convicted.
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