Criminal Law

Misdemeanor Cases

At Raskin & Tee, the firm is highly experienced in handling ALL misdemeanor cases ranging from contractor licensing issues, fraud, theft-related offenses, driving under the influence to domestic violence, assault and battery (including sexual battery) .

The following provides the general procedure for a criminal misdemeanor case within the court system.

Stage 1: Charges

Criminal charges generally fall into two categories: misdemeanors and felonies. Felonies, the more serious charges, are those crimes which are potentially punishable by imprisonment in a State prison. Misdemeanors are punishable by fine and/or imprisonment in a county jail for up to one year. Misdemeanors include such offenses as petty theft, drunk driving, simple assault and battery and certain domestic violence cases.

Stage 2: Arraignment

When charged with a misdemeanor, the first court appearance is the arraignment. If represented by counsel, the defendant does not have to appear in court, except in domestic violence cases- where the defendant’s appearance is mandatory. In fact, if represented by counsel, the client probably will never have to make a personal court appearance, if he or she so chooses. At the arraignment, a formal charge is filed by the prosecutor and the defendant is asked to enter a plea of either “guilty” or “not guilty.” Although it is almost never appropriate to plead Guilty, there may be rare occasions where a defendant would actually benefit from entering a guilty plea at arraignment. Only an experienced lawyer whom you have given the time and information necessary to help you can identify those rare moments.

Stage 3: Discovery and Pre-Trial Hearings/Motions

Following arraignment, the defense counsel is provided with "discovery" materials by the prosecutor. This includes police reports regarding the case, witness statements, photographs, etc. Having received these materials, the attorney is then prepared for the next appearance, which is deemed a "readiness conference." The purpose of this hearing is essentially to determine whether a settled disposition - "plea bargain" - can be reached. If so, the defendant signs a written plea agreement, which the attorney submits to the court and sentence is imposed. If not, the case proceeds to trial.

Within this pretrial process, a skilled defense lawyer may see problems in the “discovery” produced. This may require supplemental requests and/or motions to compel the prosecutor to provide information they have withheld. Similarly, certain evidence may have been collected unlawfully; a motion to suppress evidence, if applicable, would likely be litigated for the first time at this stage in the proceedings.

Stage 4: Plea Bargain or Trial

In any case in which the defendant is potentially liable to receive a term of imprisonment, he or she has a constitutional right to be tried by a jury. Barring a negotiated settlement, the case will proceed to trial. A verdict, whether a finding of guilty or not guilty, must be unanimous or a mistrial is declared. If the defendant is found not guilty, the case is ended. There can be no retrial, based on the Double Jeopardy Clause. If found guilty, a sentencing hearing is set. As noted, misdemeanors carry a maximum of one year in jail and up to $2,000 fine. An appeal to the appellate department of the superior court may be taken, if the defendant desires.