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According to FindLaw.com, a misdemeanor is a criminal offense that is less serious than a felony and more serious than an infraction. Misdemeanors are generally punishable by a fine and incarceration.
In general, the maximum punishment for a misdemeanor crime is usually a fine and up to one year in county jail. However, when there are multiple misdemeanor charges, the fine can be hefty, and the sentencing can include possibly more than a year in county jail. Often, the District Attorney will charge an individual with multiple counts. These counts can be found on the Charging Docket.
You likely received a ticket or other documentation which lists your charges. It is important to carefully review your charges and understand exactly WHAT you are being charged with. A charge beginning with “PC” is a charge under the California Penal Code, such as battery or domestic violence. A charge beginning with “HS” is a charge under the Health and Safety Code, such as drug possession or under the influence of a controlled substance. Finally, a charge beginning with “VC” is under the Vehicle Code, such as a DUI or DWI.
California Criminal Law is a complex area of law. Some Misdemeanors may be charged as either a felony or a misdemeanor or would be considered a “wobbler” in the Criminal Law world. Some of the charges that we assist with are: Driving Under the Influence, Driving While Intoxicated, Under the Influence of a controlled substance, Drunk in Public, Disorderly Conduct, Possession of a controlled substance, Spousal Battery, and other misdemeanor offenses.
In general, there are four major steps that occur in a criminal matter.
First, the Arrest by law enforcement. If you were booked into jail, then the next step for some is contacting a local bail bondsman to bail out of jail. Or, you have the choice to stay in custody.
Second, the Arraignment. This is often your first appearance. By this point, you will know the charges against you. Your first appearance is one of the most important appearances. This is the first time a Judge will see you in person and is often the first time your lawyer can engage in negotiations with the District Attorney. Contacting an attorney BEFORE your arraignment may be your best bet.
Third, Pretrial. Pretrial is just before the case proceeds to Trial. Often, individuals do not get to the Pretrial phase if they received a “deal” from the District Attorney during earlier proceedings.
Fourth, the Trial. Before Trial, obtaining Discovery is one of the most important aspects of your case. Discovery is obtaining the police reports and other statements/reports prepared by law enforcement. This gives lawyers a glimpse of the evidence against a client. More than 90% of cases do not make it to Trial. Pursuing a case to Trial is a strategic decision that needs to be well thought out by the client and his/her legal representation.
This is a personal decision. We have had client’s contact our office as they were walking out of County Jail. We have also had client’s contact us prior to the Arraignment. Some client’s try and wade through the system by themselves then find they are overwhelmed by the process. That is normal!
We are here for you during your tough time. We understand that sometimes good people make poor decisions. This does not mean the person is a “bad person;” it is just a lapse in Judgment. The good news is that we can help you wade through the process. There may be tears, sleepless nights, and long mornings, but the good news is that we are here to walk the client through the process step-by-step.
If you’re facing misdemeanor charges in California, don’t navigate the legal system alone. Contact us today to get the experienced legal support you need.
All consultations are free and confidential. Speak directly with an attorney — not a paralegal.
