It’s a common misconception that misdemeanor cases never go to trial. While it’s true that most misdemeanor cases are resolved without a court trial, it’s far from impossible for these cases to end up before a judge or jury. If you’re facing a misdemeanor charge, it’s essential to understand your rights, options, and the potential outcomes of your case.
Most Misdemeanor Cases Are Resolved Outside of Trial
The majority of misdemeanor charges are resolved through pre-trial agreements or dismissals, avoiding the need for a trial.
Common Reasons Why Misdemeanor Cases Don’t Go to Trial
- Insufficient Evidence: If the prosecution lacks strong evidence, the charges may be dropped before trial.
- Plea Bargains: Defendants often accept plea agreements to resolve their cases without the risk of a trial.
- No Contest or Guilty Pleas: Some defendants choose to plead guilty or no contest, which leads to the sentencing phase without a trial.
While most cases end this way, it’s important to remember that you have the constitutional right to a trial in many misdemeanor cases.
What Is a Misdemeanor?
To better understand why a case may or may not go to trial, it’s essential to know what a misdemeanor entails.
Definition and Examples of Misdemeanors
Misdemeanors are criminal offenses that carry less severe penalties than felonies. In most jurisdictions, a misdemeanor is punishable by less than one year in jail. Common misdemeanor charges include:
- DUI (Driving Under the Influence)
- Simple Assault or Battery
- Disturbing the Peace
- Petty Theft
- Public Intoxication
Wobbler Offenses
Some crimes are considered “wobblers,” meaning they can be charged as either misdemeanors or felonies. The prosecutor determines the charge based on the circumstances of the case and the defendant’s criminal history.
Your Right to a Trial in a Misdemeanor Case
In most misdemeanor cases, defendants have the right to request a jury trial.
When Do You Have the Right to a Jury Trial?
The U.S. Constitution guarantees the right to a trial by jury for offenses punishable by at least six months in jail. Since most misdemeanors meet this threshold, defendants can elect to go to trial rather than accept a plea deal or plead guilty.
Why Some Defendants Choose Trial
- To challenge weak or insufficient evidence.
- To avoid a criminal record or harsh penalties.
- To seek a more favorable outcome, such as an acquittal.
However, going to trial carries risks, and it’s essential to consult with an experienced criminal defense attorney to determine the best course of action for your case.
How to Avoid a Trial for a Misdemeanor Charge
If you want to resolve your case without going to trial, there are several options available.
Alternatives to Trial
- Plea Bargain: A plea deal allows you to plead guilty to a lesser charge in exchange for reduced penalties.
- Motion to Dismiss: Your attorney can argue that the evidence against you is insufficient, leading to the charges being dropped.
- Pre-Trial Diversion Programs: Some misdemeanor cases may be eligible for diversion programs that include counseling, community service, or other requirements. Completing these programs can result in the charges being dismissed.
A skilled attorney can help negotiate a favorable resolution that avoids the need for a full trial.
What Happens If Your Misdemeanor Case Goes to Trial?
If you decide to take your case to trial, you’ll go through several key steps in the legal process.
Steps in a Misdemeanor Jury Trial
- Jury Selection: The court will select impartial jurors to hear your case.
- Opening Statements: Both the defense and prosecution present an overview of their arguments.
- Presentation of Evidence: The prosecution presents evidence against you, and your defense attorney will challenge their case and present evidence on your behalf.
- Closing Arguments: Each side summarizes their case and attempts to persuade the jury.
- Jury Deliberation and Verdict: The jury discusses the case and delivers a verdict of guilty or not guilty.
- Sentencing: If you are found guilty, the judge will determine your sentence.
Going to trial can be complex and time-consuming, but it may be the right option depending on the facts of your case.
Protect Your Rights in a Misdemeanor Case
While most misdemeanor cases are resolved without a trial, the right to a jury trial is an important protection for defendants. Whether you choose to fight the charges in court, seek a plea bargain, or aim for dismissal, having an experienced attorney on your side is critical.
If you’re facing a misdemeanor charge, don’t leave your future to chance. Contact Law Office of Michael L. Fell at (949) 585-9055 to discuss your options and get the legal support you need.