A Misdemeanor

A Misdemeanor

If you have been charged with a misdemeanor in Placer County, you can expect your case to proceed in the following manner:

While You Are In Custody

If you have been taken into custody after your arrest, the police may want to speak with you. It is important to remember that:

  • You have the right to remain silent
  • Anything you say can and will be used against you in court
  • You have the right to talk to an attorney
  • You have the right to have an attorney present before and during questioning
  • If you cannot afford an attorney, one will be appointed to you

DO NOT TALK TO THE POLICE, FAMILY, FRIENDS, OR OTHER INMATES ABOUT YOUR CASE. All of your phone calls and jail visits, except ones you have with your attorney, are recorded and can be used against you. The only person you should be speaking with about your case is your attorney.

At the Initial Arraignment

The arraignment is your very first court appearance for your case. At this point, you will be advised of the charges against you. You will also be asked if you can afford to hire a private attorney. If you cannot, the court will appoint a Public Defender.

You will enter a plea of:

  • Guilty: admitting you committed the crime and you will be convicted
  • Not Guilty: you say you did not commit the crime and the case will proceed
  • No Contest: you do not disagree with the charge. In the criminal proceeding, this is the same as pleading guilty. However, with this plea the conviction cannot be used against you in a civil lawsuit.

You may remain in custody, post bail to be released from custody, or the judge will release you on your own recognizance (O.R.). If you are released from custody, it is very important that you come to court on the days as ordered. Failure to appear will not only lengthen your case proceedings, but it will also result in a bench warrant for your arrest.

If you plead not guilty and are in custody on a misdemeanor, you have the right to have a jury trial within 30 calendar days of your arraignment. If you are out of custody on a misdemeanor, you have the right to have a jury trial within 45 calendar days of your arrainment. You may be advised to waive these timeliness rights so your attorney can collect evidence and prepare the best defense possible.

Plea Bargaining

After your arraignment and once you have discussed your case with your attoney, your attorney will speak with the District Attorney about resolving your case without going to trial. The District Attorney may offer you a lesser charge or a lighter sentence in exchange for you pleading guilty.

If you accept, you will enter a change of plea and will be convicted and sentenced. If you reject the offer, the case will proceed to trial. Most cases are settled in this manner before a trial begins. Your attorney will give you advice on these matters, but ultimately the decision to accept or reject the deal is your decision.

At the Jury Trial

At this time, a jury of twelve members of the community will be chosen. They will listen to all evidence presented, witness testimony, and attorney arguments to decide if you are guilty or not guilty of the crime you are charged with. You are presumed innocent until proven guilty beyond a reasonable doubt. If you are found not guilty, your case is over and you are free to go. If you are found guilty, a date will be set for sentencing. If you do not agree with the guilty verdict, you can appeal to the AppellateDivision of the Placer County Superior Court

At Sentencing

If you are convicted of a misdemeanor at any point during the criminal proceedings, a judge will sentence you. The sentence you are given will depend on a variety of factors such as the severity of the crime and your personal history.

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