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Process of a Misdemeanor Case PDF Print E-mail
Written by Maria Kazouris   
The penalties for conviction of a misdemeanor range from zero up to 365 days in the county jail and up to a $1,000.00 fine plus costs and restitution if applicable.  There are a variety of sentencing alternatives that an attorney may help to negotiate such as a 'deferred prosecution agreement' or a 'withhold of adjudication' for first time offenses.  Alternatives such as these help in maintaining a clean criminal history record and are likely to bring the matter to close without the need of a lengthy and expensive trial.  You should also know that some misdemeanors are 'enhance-able' meaning that if convicted, a subsequent similar offense would be considered a felony.

The following is flowchart should help you understand the process of a misdemeanor case.

Offense Commited
Police
Arrested
Not Arrested
Out on Bail
In Jail
Prosecutor
Penal Summons Served
Arraignment & Plea
Plea: Not Guilty
Plea: Guilty or No Contest
Deferred Acceptance
Sentencing
Trial
Dismissed
Acquital
 

Definitions

Acquittal - A discharge or release which takes place when the judge or jury, upon trial finds a verdict of not guilty.
Arraignment - A hearing at which the defendant is formally notified of the charges against him and at which time a plea of not guilty, guilty, or no contest is entered. If a not guilty plea is entered, the case is given a trial date.
Bail - An amount of money set by the police or court which must be posted or pledged before an accused may be released from jail, to assure the person’s presence in court.
Bench Warrant - A written court order directing the police or the sheriff to arrest a person who has failed to appear at court, failed to follow a court order, or has been indicted by the Grand Jury for a crime.
Contempt - Willful disobedience to or open disrespect for a court or judge.
Defendant - A person arrested and charged with committing a crime.
Deferred Acceptance - Deferred Acceptance of Guilty Plea (DAG) or Deferred
Acceptance of No Contest Plea (DANC) - A pretrial procedure under which acceptance ofa plea of guilty or no contest may be postponed and the defendant eventually discharged without a judgement of guilty, upon successful completion of terms and conditions set by the court.
Dismissed - The court can dismiss the charges (the person was not actually found to be “not guilty.”)
Felony - A serious crime, as opposed to a misdemeanor; the distinction is often made in terms of the applicable punishment, felonies being punishable by more than ayear in jail.
Grand Jury - A jury of men and women made up of sixteen people who determine if there is probable cause to believe that the defendant committed the crime.
Indict/Information - To formally accuse in writing.
Misdemeanor - A crime with a punishment of no more than one year in jail.
No Contest or “Nolo Contendere” - A Latin phrase meaning “I will not contest it”; a plea which has a similar legal effect as pleading guilty. A defendant may plead nolo contendere only with consent of the court. The principal difference between a plea of guilty and a plea of nolo contendere is that the latter may not be used against the defendant in a civil action based on the same acts.
Penal Summons - An official complaint with court date set.
Plea - A defendant’s answer to a charge filed against him (guilty, not guilty, no contest)
Preliminary Hearing - A proceeding in which the judge determines to whether there is probable cause to believe that the defendant committed the crime.
Probable Cause - A reasonable belief which supports that a defendant did actually commit the crime.
Prosecutor - A lawyer who represents the State in criminal proceedings responsible for bringing the accused to justice.
Released - After arrest, the defendant may be released with no charge, or releasedpending investigation.
Sentencing - After a defendant pleads guilty to a crime, or is found guilty of acrime after a trial, sentencing is the time when the court decides what punishment togive to the defendant.
Trial - A proceeding at which evidence is presented to a judge or jury who thendecides whether the defendant committed the crimes charged.
Verdict - The formal decision or finding made by a judge or jury.