Misdemeanors are any crimes that are punished by up to one year in the county jail. Misdemeanor crimes do not send someone to prison. They are generally simple or petty crimes. Some examples of misdemeanor crimes are: Driving on a Suspended License, Petty Theft, Battery (hitting someone), Vandalism, and Tresspassing. Many times the punishment for a misdemeanor is light enough that jail time can be avoided entirely. But not always. Some serious facts, or cases with many misdemeanor charges can add up to substantial jail time. Free Consultation

First, you are “Arraigned” on the “Complaint” that the District Attorney's Office filed against you. That means, you personally show up in court and a judge reads you the charges against you and asks you if you want to admit them (plead guilty) or deny them (plead not-guilty).

If you plead guilty, you are sentenced right then and there by the judge. You have to do what the judge says, even if he says you have to go to jail. You’ll have to pay some fines and you’ll be on informal probation for several years. However, your case will be over at this point.

If you plead not-guilty, the judge will give you or your attorney a copy of the complaint and all the papers that support it. You will then be given a court date to come back to court and see another judge about your case.

Before the next date, your attorney will review all of the papers and the charges against you. You will meet with your attorney to discuss the case. Sometimes this is done by telephone.

At the next court date, your attorney will talk to the Deputy District Attorney and possibly the judge to try to negotiate or settle your case. If a deal cannot be reached, then the case is usually set for trial.

In Misdemeanor cases, you have a right to have a Jury Trial, just like in Felony cases.

The above is posted solely as general information, and is not meant to serve as legal advice of any kind. By reading this page, you are not engaging in any sort of attorney-client relationship with The Law Office of Thomas J. Ogas, nor should you rely upon the information posted on this page to make any sort of decision other than who to hire as your attorney. Free Consultation

Please, if you are in any criminal trouble, consult with a lawyer immediately. Reading about the law online is not enough! (24Hr Help)