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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.
Preliminary Hearing
The preliminary hearing is like a mini trial.
The prosecution must present only enough evidence
to show that there is reasonable suspicion that a crime has been
committed and that you
committed it. This preview of the prosecution's case is invaluable
in preparing for trial. If the
judge finds reasonable suspicion that a crime has been committed
and you may have committed
it, you are bound over to Superior Court for trial. If the judge
finds there is no reasonable
suspicion, the case is dismissed at this stage.
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.
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