65% of those serving jail terms are there for property, drug and public disorder crimes. Being charged with a misdemeanor crime may be punished by time in jail, probation, or a fine. Misdemeanor offenses are handled by the county court and are usually considered less serious crimes than felony offenses. Some examples of common misdemeanors are disorderly conduct, disorderly intoxication, battery, prostitution, and petty theft. While being convicted of a misdemeanor will not result in the loss of any of your civil rights, there is the possibility of going to jail. First time offenders only occasionally go to jail for a misdemeanor offense. However, it is common that first offenders will be formally judged for the crime. Often, a first offense misdemeanor crime becomes a felony after repeated offenses. It is sometimes possible to have your arrest record wiped clean at a later date through either the sealing or erasure of your record. However, you must qualify for this action and the manner in which your case is handled may effect your eligibility for future erasure of your record. While a misdemeanor may only result in a small fine, you may be required to perform community service or even serve jail time. Therefore, it is usually recommended that the matter be discussed with an experienced criminal defense lawyer.
Helping a person who is charged with a misdemeanor requires specialized experience in order to protect that person from the overwhelming power of the government. The defense of a misdemeanor case is a team effort: you and your attorney are that team.
Bail / O.R. (Own Recognizance)
Choosing an attorney before you are charged with a crime will lessen the trauma of being arrested in your home or place of employment and transported to jail. Often an attorney can arrange for you to surrender voluntarily to the police and to go through the booking and bail procedure without having to spend any time in jail.
If you do not make bail at the time of your arrest, your lawyer can make a motion to have bail reduced or for you to be released on your written promise to appear, referred to as an O.R. release.
What happens at arraignment? At the arraignment you are again advised of your constitutional rights and the charges against you. These charges can vary from the original charges. At this time you enter a plea.
Motions
A case can be won or lost before it ever goes to trial depending on how well your attorney can control inflammatory and prejudicial information from being used against you through the use of legal motions.
Pretrial Hearing
The skill, experience and reputation of your attorney is crucial in attaining the most advantageous position for you and your case at this stage. At the pretrial hearing, negotiations are conducted with the District Attorney to dismiss or reduce the charges based upon the damage the defense investigation has done to the prosecution's case.
Jury Trial
This is when the groundwork your attorney has prepared and his skill in presenting your defense to a judge or jury come together. Your attorney needs to be an aggressive, highly trained trial attorney in order to protect you and your rights in the face of the oppressive power of the government. The prosecution must prove you guilty beyond a reasonable doubt and twelve out of twelve jurors must vote "guilty" in order to convict you. Similarly, a jury must vote unanimously that you are "not guilty" for an acquittal. A split vote is called a hung jury and the case must be retried unless further negotiations ensue.
Sentencing Hearing
If you are found guilty or you agree to plea bargain, you will have a sentencing hearing. That hearing is crucial because it can mean the difference between probation or county jail. Your defense can present witnesses, evidence, and even a "defense probation report" to help protect you. Remember, even if the battle of a trial is lost, the war can still be won at sentencing. If you are guilty of a crime, the sentencing hearing is the entire war. Your attorney must not only be a good trial attorney, but must be expert at persuading the judge to give you a favorable sentence.
Progress Reports
In some cases, the judge will want to see you personally at different intervals to evaluate your progress on probation.
Probation Violations
If you violate a condition of your probation, the judge can re-sentence you up to the full term in county jail. You have no right to a jury trial in a probation violation hearing. The judge must decide if it has been shown by a preponderance of the evidence that you violated a condition of probation. If you are found in violation of probation, a new sentencing hearing is held.