| MISDEMEANOR
This newsletter is intended to answer some basic questions regarding Criminal Misdemeanor cases. For more information and a more complete explanation of your rights, please call Kililis, Ridings & Vonau, P.C., P.C., for a free telephone or office consultation.
1. CRIMINAL CHARGE
Misdemeanors, based on the seriousness of the offense, may be charged as follows:
- Class A misdemeanors are punishable by a sentence up to 364 days in the county jail and/or a fine up to $2,500.
- Class B misdemeanors are punishable up to 6 months in jail and a $1,500 fine.
- Class C misdemeanors are punishable up to 30 days in jail and a $1,500 fine.
2. YOUR OPTIONS
- You have the right to plead not guilty and demand that the State prove you guilty beyond a reasonable doubt.
- You are entitled to a trial by jury or a “bench trial” before a judge.
You may also attempt to work out a resolution of your case with the prosecutor and enter a negotiated plea.
You may also enter a “blind plea”, with no recommendation from the prosecutor, and have the judge impose a sentence.
3. TYPICAL SENTENCES
Court Supervision:
Court supervision is a preferred sentence that allows you to avoid a conviction on your permanent record if you satisfy all the terms or conditions of the sentence.*
If you successfully complete your supervision, your case will be dismissed following the period of supervision.*
Supervision typically lasts for a period of 1 year, but can be for only a few months or up to 2 years.
Supervision is not available for some misdemeanor cases, and may not be an option in all cases, depending on the specific circumstances.
Conditional Discharge/ Probation:
Both types of sentences result in a criminal conviction on your permanent record.*
The case remains opens for a period of time for the completion or monitoring of court ordered conditions.
Typical sentence terms/conditions include:*
Fine and/or restitution plus court costs.
Completion of community service hours or Sheriff’s Work Alternative Program (SWAP).
Jail (possibly with work release*).
Regular meetings with a probation officer.
Drug testing.
Counseling or other treatment.
4. POSSIBLE DEFENSES*
Constitutional Challenges: If the evidence in your case was seized in violation of your Constitutional rights you may be able to have the evidence suppressed (thrown out of court.)*
If the police officer did not have probable cause to arrest you at the time you were arrested, this may also be a basis for having the evidence suppressed.*
Self Defense or Defense of Others: Your actions were reasonable and done to prevent physical harm to yourself or another person
Necessity: Although you broke the law, you did so to prevent a greater harm from occurring
5. EXPUNGEMENT*
If you are acquitted (found not guilty) or the charges are dismissed, you may be able to petition the Court to expunge or permanently clear your record of the arrest and charges.*
If you successfully complete a sentence of Court Supervision, for some charges, you may also be able to have the Court expunge your records.*
Generally, to be eligible for expungement, you must not have had a prior conviction or a subsequent arrest or conviction and, in a case where you received Supervision, you must wait 2 to 5 years from the date you completed your Supervision.*
*Important restrictions and conditions apply. Please call for complete details. |
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