Misdemeanor Cases

Misdemeanor Case Lawyer in Los Angeles and Ventura County

The Law Office of Monique Shana Hill has extensive experience in handling criminal defense Misdemeanor cases in the State of California.

What happens in a Misdemeanor Case?

Misdemeanors are primarily offenses with a maximum punishment of a $1000 fine and a County jail term of 1 year or less. However, there are some offenses which exceed this criteria; for example, Spousal Abuse can carry up to a $6000 fine. Examples of a Misdemeanor violation are: Shoplifting (depending on the value of the merchandise), Prostitution, Vandalism and Drunk Driving.

Generally what happens in a Misdemeanor case is:

An arrest is made - police take the Defendant to jail. Three things can happen:

    • The Defendant is released - no charges are filed
    • The Defendant bails out or is released on his/her own recognizance ("OR") and is scheduled for arraignment
    • The Defendant remains in jail and is brought to Court for Arraignment

Arraignment and Plea - Defendant is brought to Court

    • In court, the Defendant is informed of charges
    • Defendant is informed of his/her Constitutional Rights
    • Defendant enters a plea - guilty, not guilty, no contest
    • Not Guilty - the Defendant does not admit to committing the crime charged
    • Guilty - the Defendant admits that he/she did commit the crime
    • No Contest - the Defendant will not contest the charge. It has the same effect as a guilty plea except that the conviction cannot be used against the Defendant in a civil suit.
    • The Defendant remains on bail or "own recognizance," or Defendant remains in custody.

Pre-Trial Proceedings

    • Discovery Exchange
    • Motions are filed and heard. These motions are made to set aside the complaint, to dismiss the case, or to suppress evidence, etc.
    • Defendant may change his/her plea to guilty or no-contest

Jury Trial

    • Jury is selected
    • Witnesses testify
    • Jury decides if the Defendant is guilty or not guilty
    • If not guilty, the Defendant is released if in custody and cannot be tried again for the same crime.
    • If guilty, sentencing is made - Jail, Probation, or other conditions of sentencing.

Appeal

    • The Defendant can Appeal to the Appellate Department of the Superior Court

Court Trial

    • Witnesses testify
    • Judge decides whether the Defendant is guilty or not guilty

If you would like more information regarding Misdemeanor Cases in Los Angeles and Ventura County, feel free to contact us.