What Happens in Misdemeanor Court? Five Common Results

What Happens in Misdemeanor Court? Five Common Results

Sentenced
  • If you’re found guilty, you will be sentenced, then and there, to jail, probation or a combination of both.
  • Sentences typically include a year of probation, up to a year in jail or a combination of jail time and probation that equal a year.
In Misdemeanor Cases, Long Waits for Elusive Trials Bound over to felony court.
  • Almost all defendants charged with state felonies first appear in misdemeanor court.  This judge then “binds” the case over which means your case will go through the process in a felony court.
  • Misdemeanor judges cannot typically sentence a person to more than a year in jail, whereas, felony court can sentence up to life or even the death sentence in some states.
  • You do have a right to a preliminary hearing in misdemeanor court. This is where the judge hears some of the evidence against you; and your attorney tries to minimize that evidence and get the case dismissed at that level. It is rarely is successful.
  • To bind you over, the judge only needs to find that there is a reasonable chance you did it based on the evidence. Most defense attorneys prefer to waive the preliminary hearing and just let it get bound over to fight it in felony court.
Charges dismissed or retired.
  • Your case can be dismissed due to lack of evidence or an agreement with the district attorney.
  • Your case can also be retired, meaning the judge isn’t going to punish you, regardless of your guilt or innocence, so instead of a guilty finding it is retired.
Frequently asked questions – US Courts Case continued.
  • If you need time to find an attorney, key witnesses are unavailable that day or the district attorney wants more time to build the case, it could be continued to a future date.
Nolo contendere.
  • This basically means you are not agreeing or disagreeing with the charge but do not plan to defend it one way or the other. It usually results in a guilty verdict; however, in most states it offers a measure of protection from future actions.
  • For example, it is not an admission of guilt if you are later sued in civil court due regarding the criminal charge.
Final thoughts:  Misdemeanor judges take care of business very quickly and rarely require you to appear more than once. It is important to be prepared on the day of court.