There are multiple levels to a misdemeanor prosecution. Most importantly, a good defense can begin before an arrest. Investigation is key. Contact an attorney immediately if you even suspect that you are under investigation.


STAGE 1 - PRE-FILING INVESTIGATION

Contact an attorney. Head off a prosecution before it gets started. It is a terrible mistake to believe that you only need an attorney after an arrest. This is as critical a stage as the trial itself. Prepare yourself with an attorney who will investigate and interface with law enforcement and the DA. With hard work, you may avoid arrest and prosecution all together.


STAGE 2 - CHARGES

Criminal charges generally fall into two categories: misdemeanors and felonies. Felonies, the more serious charges, are those crimes which are potentially punishable by imprisonment in a State prison. Misdemeanors are punishable by fine and/or imprisonment in a county jail for up to one year.


STAGE 3 - ARRAIGNMENT

When charged with a misdemeanor, the first court appearance is the arraignment. If represented by counsel, the defendant does not have to appear in court, except in domestic violence cases, where this appearance is mandatory. In fact, if represented by counsel, a misdemeanant probably will never have to make a personal court appearance, if he or she so chooses. At the arraignment, a formal charge is filed by the prosecutor and the defendant is asked to enter a plea. If in custody, the amount of bail is usually reviewed.


STAGE 4 - DISCOVERY

Following arraignment, the defense counsel is provided with “discovery” materials by the prosecutor. This includes police reports regarding the case, witness statements, photographs, etc. The prosecution routinely fails to provide all of the discovery, and the discovery that they do provide is typically hurtful to a case rather than helpful. A good attorney conducts his own discovery and does not rely on the prosecution to provide him with the evidence. Discovery equals investigation. Good attorneys conduct their own investigation.


STAGE 5 - PRE-TRIAL HEARING

The purpose of this hearing is essentially to determine whether a settled disposition – “plea bargain” – can be reached. If so, the defendant signs a written plea agreement, which the attorney submits to the court, and sentence is imposed. If not, the case proceeds to trial. Good plea bargains are the product of prepared trial counsel.


STAGE 6 - TRIAL

In any case in which the defendant is potentially liable to receive a term of imprisonment, he or she has a constitutional right to be tried by a jury. Barring a negotiated settlement, the case will proceed to trial. A verdict, whether a finding of guilty or not guilty, must be unanimous or a mistrial is declared.

If the defendant is found not guilty, the case is ended. There can be no retrial, based on the Double Jeopardy Clause of the Constitution. If found guilty, a sentencing hearing is set. As noted, misdemeanors carry a maximum of one year in jail and a $10,000 fine. An appeal to the appellate department of the superior court may be taken, if the defendant desires.