Misdemeanor Cases
Examples of charges
- Petty theft (see Penal Codes)
- Prostitution (see Penal Codes)
- Vandalism (see Penal Codes)
- Drunk driving (see Vehicle Codes)
- Domestic violence (see Health and Safety Codes)
Types of sentences imposed
- Probation
- Court ordered programs
- County jail term of one year or less
- Base fine for most charges of $1000 (not including fees and assessments) (There are some exceptions - spousal abuse can carry a maximum $6,000 fine)
Misdemeanor processing generally includes:
- An arrest is made
- Defendant is taken to jail where
- No charges are filed and the defendant is released
For further information, contact the prosecuting agency - Defendant posts bail and is released
- Defendant is released on his/her own recognizance with date for future hearing
- Defendant remains in custody until court hearing (arraignment)
- No charges are filed and the defendant is released
Arraignment - the defendant is:
- Informed of the charges
- Advised of his or her constitutional rights
- Appointed an attorney, if he or she cannot afford one
- A plea is entered:
- Not Guilty - he or she did not commit the crime
- Guilty - admits that he or she committed the crime
- No Contest (Nolo Contendere) - the charge is not contested. Same effect as guilty plea
- At the court hearing:
- Bail is set and defendant is remanded to custody
- Defendant is released on their own recognizance
Pretrial/Readiness Hearing
- Discovery is exchanged between the prosecutor and defense attorney
- Pretrial motions may be filed such as a motion to
- Set aside complaint
- Dismiss the case
- Suppress evidence
- Defendant's plea may be changed to
- Guilty
- No Contest
Trial
Jury Trial
- A jury is selected
- Opening statements are presented
- Witnesses may testify
- Evidence is presented
- Closing statements are presented
- Jury deliberates and delivers verdict to the court
Court Trial
- Judge hears evidence and arguments
If the defendant is found guilty, the case may be
- Continued for sentencing
- Sentenced immediately
If the defendant is found not guilty:
- Defendant is released
Appeal of conviction
- The defendant may appeal a conviction to the Appellate Division of the Superior Court