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NJCRIMINALDEFENSE.COM |
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MISDEMEANOR CASES & DISORDERLY PERSON OFFENSESMisdemeanor Offenses and Vehicular Crimes
Typical misdemeanor cases begin when a citation or complaint is issued and a court date assigned. Some citations may be paid with a fine prior to the court date. The first appearance on a misdemeanor is known as an “arraignment.” The defendant will be advised of his or her legal rights. The defendant may enter a guilty or a not guilty plea at the arraignment. If a guilty plea is entered, the Judge will pronounce a sentence. The sentence may include a fine, jail time, and other probationary conditions. If a not guilty plea is entered in a misdemeanor, the case is set for a pre-trial conference. At a pre-trial conference, the prosecutor and the defense attorney will attempt to reach a resolution of the case. If no resolution of the case occurs at the pre-trial conference, the case is set for a jury trial. In a jury trial for a misdemeanor, both the State and the defendant may present evidence to a jury of six people chosen at the start of the trial. Most states consider a misdemeanor a crime for which the maximum possible punishment is incarceration for one year or less. In other jurisdictions, a misdemeanor is defined as a crime punishable only by fine or by incarceration in a jail. Additionally, some states have different classes of misdemeanors. For example, “petty offenses” are considered as a lower grade misdemeanor because they are punishable by six months or less in jail. Some of the misdemeanor crimes have a maximum penalty of up to 90 days in jail, while higher grade felonies have a maximum penalty of up to one year in jail. Misdemeanors are crimes that are usually less violent or involve lower levels of harm than felonies. In theft case and in drug case, they usually involve less money or value, or low level drugs. The legal procedures for misdemeanors are usually simpler than for felonies, the penalties less severe. However, you ca never neglect the serious long-term consequences of a guilty conviction. You could lose your license, your job, not be able to get employment, have a public record, loose federal or state financial aid, pay substantial fines, and even lose the ability to qualify for governmental housing. Additionally, you may be forced to forfeit property or a vehicle if the court determines that it was used in the commission of a violation or is the proceeds from the alleged criminal activity. There is no federal right to a grand jury for a misdemeanor and the court procedures may be more relaxed than those for felonies. If you have been charged with a crime on any level, do not leave your future to fate. You need to hire an experienced and knowledgeable attorney to represent you. |
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