Misdemeanors are crimes that are generally punishable by up to one year's imprisonment in county jail. There are several basic benchmarks in any misdemeanor case:

PRE-FILING OF A MISDEMEANOR COMPLAINT:

Once the police receive information that a misdemeanor offense has occurred, they conduct an investigation and decide whether or not to make an arrest. If the misdemeanor occurred in their presence, they can usually make an arrest at that time. If not, the police are usually required to obtain a "citizen's arrest", meaning that a citizen witnessed the misdemeanor occur in their presence and is effectuating an arrest. In many cases, the police are dispatched to an incident reported by a "victim", an investigation occurs at the scene of the alleged crime, and an arrest is made of the suspect. In the alternative, the police are notified that some illegal activity is taking place and they do not make an immediate arrest. Armed with whatever information they have, the police will conduct an ongoing investigation, and then later decide whether or not to make an arrest.

If you have been arrested for a misdemeanor offense, or believe you are being investigated for a misdemeanor offense, it is time to contact an attorney. There are many important decisions affecting your liberty that need to be made before stepping foot in a courtroom.

If you have already been arrested, an attorney can help coordinate bail to get you released. The universal rule is that fighting a case from out of custody is always better than fighting it while in custody.

If you have not been arrested, and the case has not yet been filed with the District Attorney, sometimes an attorney can conduct an independent investigation, interface with the police, and help thwart the case from even being filed. This, obviously, is the best possible outcome. If the police still decide that an arrest is going to be made, an attorney can help coordinate bail or a surrender date. An attorney can help you avoid the embarrassing situation of being arrested at your home or your place of work.

ARRAIGNMENT:

This is the first court appearance in a misdemeanor case. If you are in custody, this will take place within a few days. If you are out of custody, usually it will take place within a few weeks of your arrest and release.

At this hearing several things happen. The defendant appears before a judge and has the opportunity to have their criminal charges read to them. The judge then determines whether to release the defendant on their own recognizance (out of custody), or what bail amount will be set. An attorney is imperative during this process. The determination of bail during an arraignment usually involves argument or negotiation in open court with the judge and the District Attorney. With a large number of cases on their calendar, judges usually will not listen to every unrepresented defendant asking to be released on their own recognizance, especially in a felony case where the charges may be perceived as serious. A lawyer, however, will be given much greater latitude to negotiate, and will increase your chances at release, or a lowered bail amount.

In addition to bail being set at the arraignment, a plea is usually also entered. Typically, the plea entered is "not guilty", and future dates for a "pre-trial conference" and a "trial" are set.

Finally, the District Attorney will provide your attorney a copy of the complaint against you, as well as the initial "discovery" on the case. This discovery typically includes the police reports describing the alleged crime, and any other initial reports regarding the investigation conducted, or evidence collected.

PRE-TRIAL HEARING:

This is a hearing that takes place so that the prosecutor and defense attorney can discuss the case. If a plea bargain is going to be entered into, this is the first stage of the negotiations. The two attorneys will usually discuss the merits of the case, how strong or weak it is, and what mitigating or aggravating factors exist for this particular defendant and the conduct alleged to have occurred. Based on these factors, a plea bargain is either agreed upon or not. This type of negotiating typically takes place over the course of several hearings, not just one. If a resolution cannot be reached, the next stage is that the case proceeds to trial.

TRIAL:

The defendant has a "speedy" right to be tried within 45 days of the arraignment if out of custody, and 30 days if in custody. Whether trial occurs within that time period or not, the trial itself is somewhat similar to what you have probably seen on TV. The prosecutor has the burden of proving each crime charged beyond a reasonable doubt. If they cannot carry this burden, then the defendant is entitled to an acquittal of those charges.

Trial begins with opening statements, followed by the presentation of witnesses and evidence, and, finally, closing arguments. Afterwards, the judge instructs the jury on the appropriate laws, and the jury's job is to apply the evidence presented at trial to the law given by the judge. If the jury reaches a unanimous decision, a verdict is rendered: guilty or not guilty. If they are "dead-locked" and cannot reach a decision, then a mistrial is declared and a new trial must be had.

If the verdict is not guilty, the case is over and the defendant is acquitted of the charges. The defendant, if in custody, would be released immediately on that case. A not guilty verdict ends all prosecution of the case, and the District Attorney cannot again file charges against the defendant.

If the verdict is guilty, the defendant is then sentenced by the judge. The sentence range depends on the crime committed, the defendant's prior criminal history, and any mitigating or aggravating factors. Usually misdemeanor convictions result in a grant of "informal" probation, in addition to the possibility of a custody commitment in county jail, CalTrans, or community service, depending on the circumstances of the particular crime. The judge can also tailor conditions of probation to the crime, ordering the defendant to complete various types of counseling, refrain from going certain locations or seeing certain people, etc.

APPEAL:

If convicted, the defendant has the right to appeal his conviction. The appellate courts will examine any legal errors that occurred during the trial, but usually will not re-weigh the evidence.

EXPUNGMENT:

If probation is granted to a defendant after a conviction, whether after trial or before trial by plea bargain, there are various remedies to get a criminal conviction "expunged" from your record. Usually the probationer must complete their entire period of probation successfully to get an expungement. If expunged, the conviction is set aside and the case is dismissed from the defendant's record. The defendant then has the legal right to say that he has not been convicted of any crime, even when applying for a job (subject to certain exceptions, such as applying for a job with the county, state, etc.).

If a defendant is sent to state prison, and thereafter paroled, the process is more complicated and generally requires the parolee to get a "certificate of rehabilitation".

Expungement is a remedy available for most felonies and misdemeanors, although not all.

Contact Mr. Hogle to discuss your case.