A misdemeanor is defined as a crime that is punishable by fine and/or imprisonment in a County jail for one year or less. Once a complaint has been filed, the first step in the criminal process is arraignment. This is usually the time the defendant first appears in court, is informed of the charges, and enters a plea. Your attorney will discuss the case with you, and a plea will be entered. The usual pleas are “NOT GUILTY,” “GUILTY,” or “NO CONTEST.” If you have been charged for something you simply did not do — or the charges are far more serious than the offense for which you are actually responsible — or your attorney feels there is insufficient evidence to convict you, he or she might advise you to take the case to trial. In misdemeanor cases that are not likely to go to trial, it is not unusual for your attorney to settle the case on your behalf and with your consent, either at the initial appearance, or at a pretrial hearing which is usually held a couple of weeks later. Some misdemeanor cases settle for a fine and probation, without any jail time. However, some misdemeanor charges can carry a sentence of as much as one year in the county jail (a few have mandatory minimum jail sentences) as the possible punishment. Only by knowing the particular facts of your case, your prior criminal record, if any, and your current situation, is it possible to accurately predict how your case will settle. A misdemeanor case that is not going to be resolved with a plea must generally go to trial within 30 days if the defendant is out of custody. Cases are often continued to allow defense attorneys to gather the necessary evidence and interview any possible witnesses. Before trial, the defense attorney may make various motions, including a motion to suppress unlawfully obtained evidence by the police and motions for the prosecutor or the police to disclose evidence which might help the defense. An adult criminal defendant has the right to a trial by a jury. This is where 8 jurors, who are called “the finders of fact,” listen to all the evidence presented by both the prosecution and the defense and decide what is proved and what is not. The judge’s role in a jury trial is to make sure that both the prosecution and the defense adhere to all the rules of evidence when presenting their case to the jury.
At trial, the prosecution must try to prove the client’s guilty beyond a reasonable doubt. All 8 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: 1. may be tried again before a different jury; 2. may be dismissed; 3. or a case settlement may be agreed upon by the prosecution and the defense. A defendant can also decide to have a judge hear the case, instead of a jury; this is called a “bench trial.” For this to happen, the prosecution must also agree. In a bench trial, the prosecution still has to prove the case beyond a reasonable doubt, but this time the judge is the “finder of fact” and must decide whether or not the defendant is guilty, while also making certain that both attorneys are abiding by all the rules of evidence. If a defendant is found guilty, then 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 confinement in the county jail for up to one year. Defendants who have been convicted after a trial have the right to appeal their conviction. The process is started by the trial attorney who, upon request of the client, will file a notice of appeal in the trial court within 30 days of the imposition of sentence. A lawyer will then be appointed to handle your appeal.