Misdemeanor

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
    • District Attorney
    • San Diego City Attorney
  • 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)

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