Misdemeanors 

​Misdemeanor crimes are punishable by a maximum fine of $1,000 and a county jail term of one year or less. However, some offenses exceed these general criteria; for example, spousal abuse can carry a $6,000 maximum fine. Common examples of misdemeanor violations include petty theft, prostitution, vandalism, and driving under the influence. 

The processing of a misdemeanor usually follows this order:
- Arrest
- Arraignment
- Pretrial
- Jury Trial
- Court Trial

* Nothing on this page is legal advice, neither does it create an attorney-client relationship of any sort.  The material contained here is for informational purposes only.  Contact us for real legal advice and an opportunity to form a relationship with great attorneys.

Arrest ​​

​An arrest is made - police take the defendant to jail. Three things can happen:

1. The defendant is released - no charges filed.
2. The defendant posts bail/bond or is released on his own recognizance ("O.R.")   and is scheduled for arraignment.
3. The defendant remains in the custody of law enforcement and is transported to court for arraignment.

Arraignment ​​

​The misdemeanor arraignment is the defendant’s first appearance in Court. The following events occur:

1. The defendant is informed of the charges against him or her.
2. The defendant is advised of his or her constitutional rights.
3. If the defendant cannot afford an attorney of his or her own choice, an attorney is appointed by the Court.
4. The defendant enters a plea of guilty, not guilty or no contest.
   • Not Guilty: The defendant states that he or she did not commit the crime.
   • Guilty: The defendant admits that he or she committed the crime and is in effect, convicted.
   • No Contest:  Also known as "Nolo Contendere." The defendant does not contest the charge. This plea has the same effect as a guilty plea, except that the subsequent conviction cannot be used against the defendant as evidence of liability in a civil suit.

The defendant is released on his or her "Own Recognizance," or the Court sets bail and the defendant is remanded/committed to the custody of the Sheriff.

​Pretrial

​​At the pretrial hearing, there is an exchange of information between the prosecution and the defense known as discovery. Pretrial motions may also be filed before the start of the trial. Motions may be made to set aside the complaint, to dismiss the case, to suppress evidence, etc. The defendant may at this point change his or her plea to guilty or no contest.

Jury Trial ​​

​​Section 1382 of the Penal Code specifies the time period within which a defendant charged with a misdemeanor must be brought to trial.
If the defendant is in custody at the time of arraignment, the trial must begin within 30 days (four weeks plus two days) of arraignment or plea, whichever is later.

If the defendant is not in custody at the time of arraignment, the trial must begin within 45 days (six weeks plus three days) of arraignment or plea, whichever is later.
​
If the defendant waives the right to a speedy trial (enters a time waiver or "waives time") or requests/consents to the case being set beyond the statutory periods, the Court must begin the trial within ten days of the day the case is set or continued for trial.
​
Before a trial can begin, the attorneys must select a jury. During the trial, witnesses may testify and evidence will be presented. At the conclusion of the trial, the jury must decide if the defendant is guilty or not guilty. If the jury finds the defendant is not guilty, he or she is released and cannot be tried again for the same crime. If the defendant is found guilty, the case will be continued for sentencing, or the defendant may be sentenced immediately. The defendant may appeal a conviction to the Appellate Department of the Superior Court.

Court Trial ​​

In lieu of a jury trial, the defendant may agree to proceed with a court trial, in which the judge hears the evidence and arguments and finds the defendant guilty or not guilty. ​ This process is much more efficient than the jury process; however, you must be careful assess the risks of both.  Judges are human and thus susceptible to bias as well.  Moreover, a jury of twelve will involve a diversity of opinions and experiences that could work to the defense's favor.  If the issue is one that is likely to be better assessed by a single judge, then a court trial should be preferred.