Being charged with a misdemeanor may seem like a minor infraction. The truth is, misdemeanor charges are serious and can lead to jail time. Although not as serious as a felony, you’re still impacting your future ability to get employment and housing.
Sometimes prosecutors will offer to lower a felony charge to a misdemeanor. The ultimate goal is to get a guilty verdict and avoid taking a case to trial.
People often believe this is their best option but that’s not always the case. Prosecutors want to win and your innocence isn’t a priority. This is why you should never plead guilty to a lesser charge just to put the issue behind you.
Navigating the criminal court system is scary. Even scarier if it’s your first offense.
Have you gotten arrested and facing criminal charges? Don’t panic. Keep reading to learn what to do when you’re charged with a crime and facing a misdemeanor trial.
Understand the Misdemeanor Charges Filed Against You
Like felony charges, there are different levels of misdemeanor charges that can get filed against you. The degree of the charge will determine the sentencing guidelines. The most common misdemeanor charges include:
- disorderly conduct
- shoplifting
- simple assault
- trespassing
Each state has its own terms, classifications, and levels when it comes to criminal charges. You’ll need to discuss with your attorney how crime and punishment laws apply in your state.
Class A or Level 1 Misdemeanors are the more serious level of offense. Class B or Level 2 are not as serious as felony charges. A state can have multiple levels with the sentencing guidelines starting at incarceration down to probation and a fine.
Example: A person charged with simple assault in which the victim is injured gets charged with a Class A or Level 1 Misdemeanor. Whereas, a person charged with simple assault when there was no injury or premeditation, the person may get a Class D or Level 4 charge.
Hire a Defense Attorney
No matter how insignificant the charges may seem to you, hire a defense attorney to represent you. If cost becomes an issue, the prosecuting body will assign a public defender.
Choose an attorney that has experience in your type of case. Ask family and friends for recommendations or Google attorneys in your area. Some people shy away from using public defenders but remember that are licensed lawyers with an oath to uphold.
The attorney will walk you through the process. During your initial hearing make sure you’re truthful and forthcoming with details about the case. Let your attorney know if you committed the crime or not.
Come prepared to defend your actions. Just because you may have committed the crime does not mean there aren’t mitigating circumstances that would render a not guilty verdict.
Arraignment vs. Preliminary Hearing
After an arrest, the defendant and their attorney will receive two notices to appear before a magistrate judge. Magistrate judges do not hear cases set for trial. Their primary function is to explain the court proceedings and enter your plea.
Arrangement Hearing
An arraignment is a hearing before the magistrate judge where you are formally charged with the crime. The prosecutors will give the basis of the charges and whether a bond requirement for the defendant is requested.
At the arraignment, the Affidavit of Probable Cause is made available to you and your attorney. This is the arresting document that outlines the officer’s account of the arrest and the information used to file formal charges.
You will enter a plea of guilty or not guilty. The judge will then set a date for the preliminary hearing.
Not all arraignments are held in person, especially during the coronavirus (COVID-19) pandemic. It’s possible with a misdemeanor charge you can get arraignment via teleconference.
Preliminary Hearing
The preliminary hearing is the next step. It’s held a few weeks after the arraignment. The prosecution will lay out the basics of their case against you. Your attorney will get to ask questions and the judge will request that any discovery or evidence get shared with the attorney.
Following this hearing, the defense can inquire about possible plea deals. Your attorney should have discussed all of this with you prior to attending court. You should not become surprised by any last-minute maneuvers.
At the end of the preliminary hearing, the judge will set a future court date, if needed. A misdemeanor trial should progress much quicker than a felony case.
Discuss Your Options
Now that you have a better understanding of the charges against you and how the prosecution plans to proceed, you can plan your defense. Your attorney will weigh the pros and cons of accepting a plea deal.
Despite your innocence or guilt, if the attorney feels the chances of a full acquittal are unlikely, it’s in your best interest to accept a deal. Since we’re talking about a misdemeanor, if it’s your first offense, you may get offered a pretrial intervention program.
The process involves undergoing counseling or paying restitution to the victim. In exchange, the charge gets expunged from your record.
Prepare for Trial
If you are not interested in negotiating a deal or entering into a pretrial intervention program, your case will go to trial. Keep in mind, once you turn down an offer from the prosecution for a lesser sentence, there’s no turning back. Chances are if you’re found guilty, you’ll receive a harsher sentence.
On the positive side, your attorney may successfully argue your case, and a judge or jury of your peers rule in your favor.
Celebrate Your Win
Misdemeanor charges often mean the crime did not rise to the level of felony charges. It’s still a serious matter that should get treated as such.
It’s easy to avoid involvement in the criminal court arena. A simple lifestyle change can make a huge difference in avoiding negative situations.
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