Petty Misdemeanors and Misdemeanors
The Criminal Process
- A citation or complaint is issued with a court date. Some citations may be paid with a fine prior to the court date.
- The first appearance on a petty misdemeanor or misdemeanor is an Arraignment. A defendant will be advised of his or her legal rights, and if eligible, may apply for the services of a Public Defender if charged with a misdemeanor.
- The defendant may enter a guilty or a not guilty plea at the Arraignment. If a guilty plea is entered, the Judge will pronounce a sentence. The sentence may include a fine if the charge is a petty misdemeanor. If the charge is a misdemeanor, the sentence may include a fine, jail time, and other probationary conditions.
- If a not guilty plea is entered in a petty misdemeanor, the case is set for a Court Trial. A Court Trial is a trial heard by a judge, not a jury. Both the prosecutor and the defendant can present evidence to the Judge.
- If a not guilty plea is entered in a misdemeanor, the case is set for a Pre-Trial Conference. At a pre-trial conference, the prosecutor and the defense attorney (or the defendant, if not represented by an attorney) will attempt to reach a resolution of the case.
- If no resolution of the case occurs at the pre-trial conference, the case is set for a Jury Trial. In a jury trial for a misdemeanor, both the State and the defendant may present evidence to a jury of six people chosen at the start of the trial.
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