A misdemeanor is a crime punishable by
less than one year. Arrests can only be made
for crimes that occur in the presence of the
person making the arrest, or with a warrant.
crimes are less serious crimes than felony
offenses and are handled in the county court
system. However, a first offense misdemeanor
can become a felony after repeated offenses.
be concerned about additional consequences
of a misdemeanor conviction. Some
individuals with professional certifications
and licenses can lose their livelihood
depending upon the nature of a conviction.
are commonly considered to be misdemeanors
while intoxicated - DWI
under the influence - DUI
Possession and/or delivery of a
of Orders of Protection
of Restraining Orders
be charged with an enhanced or "gross"
misdemeanor, or a higher class of
misdemeanor. These misdemeanors can mean
more jail time, and more severe life
restrictions. Do not fool yourself. Even if
you are charged with something you feel is
insignificant, such as shoplifting, domestic
disturbance or drug possession, you may need
immediate representation. These may be
serious matters that could change your life
sentencing scheme for most misdemeanors is
typically found with the definition of the
specified crime. Many misdemeanors provide
for a minimum punishment. If the crime is defined in the law as a
misdemeanor but fails to mention a specific
punishment, then the maximum jail time is
six months. Though often an we can
convince a judge to not order any jail time,
especially for some "first offense"
Frequently, it is appropriate to negotiate a
reduction of an offense or compromise on the
proposed punishment so as to avoid more
In some instances we can have
your case dismissed.
If someone is convicted of a misdemeanor the
court can either grant or deny probation. If
probation is granted, it generally lasts for
up to 3 years. And if the
court imposes a fine, it will often provide
for an alternative sentence consisting of
community service hours in lieu of a fine.
We may even
petition a conviction to be set aside and
dismiss the case, releasing the defendant
from its penalties and disabilities. If
probation was granted, the defendant must
have successfully completed the terms of
probation. If probation was not granted, the
defendant must have completed the sentence
of the court and wait a year before filing
the petition. The defendant must also
establish that he/she is living an honest
life and is free of any other subsequent
arrest or sentence. This remedy does not
have the effect of sealing the record of
procedure for how a misdemeanor case is
handled in the County Courts:
Filing the Case: The case is
filed with the District Attorney’s
office. This document provides notice as
to the offense charged.
Defendant: If the defendant is
in jail he/she will be brought to court.
If the defendant was able to bond out of
jail he/she will be notified by mail.
First Appearance/Arraignment: If
on bond the person accused must appear
Announcement Settings: This
allows the lawyer and the district
attorney to decide if it will be
dismissed, plea bargained or set for a
jury or bench trial.
Plea Setting: If the defendant
has chosen to take the plea bargain
offer then the case will be set for a
plea. This is were the defendant will
enter his/her plea.
Trial: If you have been charged
with a criminal offense you have the
right to plead not guilty and have a
trial by jury or before a judge.
Probation: A defendant may be
eligible to have a jail sentence
probated and not be sent to jail.
has represented numerous clients in various
misdemeanor cases. Whether it be trying
your case to a jury or obtaining a favorable
plea bargain agreement, The Sheena Law Firm
is ready to help. We represent those accused
of all types of misdemeanor crimes.
Contact us today
if you have been accused of a misdemeanor