Crimes are divided into three categories: infractions, misdemeanors, and felonies. (See our September 21 post for a detailed description of each of these.) Though each is dealt with according to the same general rules as it winds its way through the criminal justice system, more severe crimes follow a more complex and lengthy path.
Infractions like traffic tickets are pretty simple. Since no arrest is made, people cited for infractions can either pay the fine or contest the citation in court. Generally, defense lawyers and prosecutors are not involved. Instead, a judge handles review of the matter, determines whether the infraction was properly issued, and sets appropriate fines, if any are necessary.
Misdemeanors and felonies, because the potential penalties are more severe, involve more people and have more stages before a final decision - or verdict - is made. Today's post outlines the misdemeanor process. Our next post will review the felony process.
In each of these processes, a wide variety of people are involved: judges from the judicial branch of government; police/sheriff/CHP, prosecutors, and probation officers from the executive branch; defense attorneys; jurors. All play a different role as the allegation is reviewed and determination of guilt or innocence is made.
Misdemeanors - such as petty theft, reckless driving, first time DUI, simple assault and battery, possession of less than one once of marijuana, and under age drinking - carry penalties of up to one year in county jail, fines of up to $1000, counseling, and/or work project.
These are the stages in the misdemeanor process:
Arrest: This occurs after law enforcement has sufficient evidence that a crime has been committed. In some instances police will issue an arrest warrant after conducting an investigation; in others, police will make an arrest as a result of evidence that comes before them in the field (e.g., they see someone selling drugs or committing a battery). The incident reports are then submitted to the district attorney's office for filing of a criminal "complaint."
Arraignment: The defendant is brought before a judge to hear the charges - in the form of the complaint - and to enter a plea of guilty or not guilty. Silence by the defendant is interpreted as a not guilty plea. The judge ensures that the defendant knows his/her constitutional rights, such as the right to legal counsel. Bail may be set, though misdemeanors generally have low bail requirements; often defendants are released on their own recognizance.
Pre-Trial Conferences and Motions: The defense attorney meets with the prosecutor, and sometimes the judge, to review the case. The district attorney's office is required to share all evidence - called discovery documents - with the defense attorney. Motions - such as to suppress, or keep out, evidence or testimony from a trial - are filed by the defense. Since many cases are settled during the pre-trial phase, a quality, experienced defense lawyer is critical to getting the best possible outcome for the defendant.
Trial: Defendants are constitutionally guaranteed a trial by a jury of their peers. California, like all states, has what's called an adversarial criminal justice system. The prosecution, representing the people of California, attempts to prove beyond a reasonable doubt that the defendant is guilty. The defense attorney is the defendant's advocate, ensuring that law enforcement has not violated the defendant's constitutional rights and that all evidence introduced at trial is accurate and relevant. The defense attorney is the defendant's voice to make the best possible argument in favor of acquittal. The jury must presume the defendant innocent unless the evidence convinces them otherwise. A guilty verdict requires that all twelve members of the jury are convinced beyond a reasonable doubt that the defendant committed the crime. Anything less requires a verdict of not guilty.
Sentencing: A verdict of not guilty means the defendant is free to go. A guilty verdict requires the judge to impose a sentence. It is important to note that the jury does not decide the sentence; the jury's duties are completed once they return a verdict. Sentencing comes after the judge has reviewed the facts of the case. Misdemeanor sentences usually involve probation. Misdemeanor probation can be either formal (supervised by a probation officer) or informal (unsupervised). Judges often have a fair amount of discretion in the sentences they give out for misdemeanors subject to statutory maximums.
At all stages of the misdemeanor process, a quality defense lawyer is crucial to protecting the accused person's rights. Contact the Law Office of Nancy King if you have questions about the issues discussed in this post, or any other issues reviewed in our blog.
For more on presumption of innocence, reasonable doubt, and the role of the defense attorney, click on these links:
