Orange County Misdemeanor Process
Misdemeanor offenses are criminal offenses that are significantly less serious than felony offenses. They penalty for a misdemeanor offense is one year or less incarceration in the County Jail, a $1,000 (one thousand dollars) fine, or both a fine and imprisonment. Felonies are the most serious crimes and carry a penalty of incarceration in the State Prison, or a fine in excess of $1,000 (one thousand dollars), or both a fine and imprisonment.
The prosecution of a misdemeanor or a felony crime in Orange County is handled by the District Attorney’s Office. The District Attorney’s Office represents the People of the State of California for both misdemeanors and felonies. There are many different categories of crimes that fall under each type (felony or misdemeanor).
A misdemeanor is an act that has been classified as a crime. An individual is arrested for a misdemeanor when they commit a violation of a public law. A criminal case arises when the government decides to punish the individual for the misdemeanor. For example, an individual who drives while intoxicated has violated the law that an individual cannot operate a motor vehicle while under the influence of alcohol. The individual may be arrested for drunk driving,  which is a misdemeanor charge. A criminal case arises when the district attorney’s office decides to prosecute the individual for their misdemeanor offense by filing the complaint. The defendant (individual arrested) must appear in court.
To summarize how a criminal case occurs for a misdemeanor charge: The individual is arrested for violating the law; the district attorney’s office decides to prosecute and files the complaint. The other way misdemeanor charges occur is from the grand jury if they accompany one or more felony charges. However, the prosecutor does not typically require a grand jury for misdemeanor offenses.
Once the complaint has been filed, the defendant is requested to appear in court by a citation or by an arraignment letter. A citation may be issued at the scene by law enforcement or when the defendant posts bail immediately after their arrest. An example of a citation is the police issuing a citation at a traffic accident. Arraignment letters are mailed to the individual.
The first court appearance is the arraignment. If the defendant does not appear for this first hearing, the court will usually issue an arrest warrant. An important note is that for most misdemeanors, the defendant may not need to appear personally. Their attorney can appear as their representative. The arraignment is when the defendant or their attorney appears before a judge, the charges are read and the defendant enters a plea of “guilty” or “not guilty”. Additionally, the defendant is advised of their constitutional rights, such as the right to a jury or court trial, the presumption of innocence, and so on.
If the defendant enters a plea of guilty at the arraignment, then the court gives their sentence immediately.
If the plea is not guilty, then the case is set for a pre-trial. A pre-trial is an opportunity for the defendant’s attorney to try to negotiate the case with the prosecutor. At Coffey & Coffey, we are well versed in negotiating misdemeanor cases. We have successfully negotiated misdemeanor charges to be dropped completely or even to lesser misdemeanor charges. It is in your best interest to have an experienced criminal lawyer assist you in dealing with any misdemeanor charges.
If an agreement between the prosecutor and the defense is worked out, then the defendant will plead guilty and receive their sentence. If the defense and prosecution are unable to reach an agreement, then another pre-trial may be set for additional negotiations or the case may be set for trial. The trial will be a jury trial or a trial with a judge only.
For misdemeanor cases, the defendant has the right to a jury trial within 30 days of their arraignment, if they are in custody. If not in custody, then they are entitled to a jury trial within 45 days of their arraignment. If the defendant waives this right, then they are entitled to a jury trial within a reasonable time after the 30 or 45 days, depending on if they are in custody.
Adults facing misdemeanor charges have the right to a jury trial. If a minor is facing misdemeanor charges and their case is handled in juvenile court, then they do not have the right to a jury. They will be tried by a judge.
At the trial, it is the prosecutor’s job to prove you are guilty of the charges beyond a reasonable doubt using all admissible evidence. This is where an experienced criminal defense attorney is extremely valuable. They can challenge the admissibility of any evidence. At Coffey & Coffey we know your rights and if any of them were violated, we will fight to keep illegally obtained evidence out of trial. A defendant does not have to testify at trial. That is something you want to determine with the help of a qualified criminal defense attorney.
We will challenge the accuracy of any and all of the prosecution’s evidence. Without proper legal representation you will most likely lose your case. The consequences of being found guilty of a misdemeanor can cost your monetarily, time away from your loved ones doing community service, or even jail time. Do not risk your freedom by trying to handle a misdemeanor case on your own. A misdemeanor may seem harmless, but it can cost you greatly.
If you or someone you know is facing any misdemeanor charges, call one of our criminal defense attorneys immediately. Do not put yourself in the hands of the prosecution, have the best defense possible by calling us. We will work hard to reach the best possible result for your case.
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