Marin County Misdemeanor Attorney
What is a Misdemeanor Charge in California?
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Common Misdemeanor Crimes
Below is a list of common types of misdemeanor criminal offenses in California:
- Disorderly conduct
- Driving Under the Influence (DUI)
- Domestic battery
- Drug possession
- Indecent exposure
- Petty theft
- Public intoxication
- Reckless driving
- Sexual battery
- Shoplifting
- Simple assault
- Trespassing
- Vandalism
When searching for legal counsel, make sure to retain the services of an experienced and knowledgeable misdemeanor offense lawyer who is deeply familiar with the California criminal code and relevant state laws.
What is the Difference Between a Felony and a Misdemeanor?
The biggest difference between a felony and a misdemeanor in California is the severity of the offense and the potential punishment, if convicted. For example, a felony criminal conviction may be punishable by the death penalty, imprisonment in state prison, or imprisonment in a county jail under the provisions. A misdemeanor crime, if convicted, typically carries a maximum sentence of no longer than six months in a county jail and/or a monetary fine up to $1,000.
Prison Sentences and Penalties for Misdemeanors in Marin County
In Marin County, as mentioned, the maximum punishment for a misdemeanor criminal violation is generally not more than six months to a year in a county jail, a fine not to exceed $1,000, or both.
Understanding the Consequences of a Misdemeanor Conviction on Your Record
Getting convicted of a misdemeanor crime is serious and can have long-term ramifications on your life. For example, having a misdemeanor conviction on your criminal record can adversely impact your professional options, educational options, and harm your reputation and personal relationships.
Navigating Marin County Court for a Misdemeanor Charge
If you are charged with a misdemeanor offense in Marin County, it is important to hire a misdemeanor lawyer who knows how to effectively navigate the Marin County Court system. This is why it makes sense to hire The Law Offices of Kevin Heaney. Put Kevin’s years of experience in handling misdemeanor cases throughout Marin County to work for you.
Frequently Asked Questions When Charged with a Misdemeanor
What Happens If A Plea Deal Is Not Made At Pre-Trial Hearing?
At the pre-trial conference, your Marin County misdemeanor lawyer will discuss your case with the judge and district attorney. If a plea offer was made by the district attorney, it will be conveyed to the judge. If a plea deal cannot be reached at the pre-trial conference, the matter will be set for a further settlement conference, motion hearing, or jury trial.
A trial in a misdemeanor case, according to California law, must be held within thirty days of your arraignment if you are in custody and within forty-five days of your arraignment if you are out of custody, unless you decide to waive your right to a speedy trial.
What Happens If I Plead Guilty At Arraignment?
If you decide to plead guilty, or are convicted at trial, then sentencing will typically commence right away. However, you do have a right to delayed sentencing and the opportunity to present facts through your Marin County misdemeanor lawyer. The judge assigned to your misdemeanor case will ultimately decide the scope of your sentence within the limits of applicable state law.
Generally, a misdemeanor conviction can result in probation, fines and/or county jail time up to six months.
Do I Have To Appear In Court For The Arraignment?
Under California law, you have a legal right to have an attorney appear in court on your behalf on a misdemeanor case and you may never have to appear in court yourself.
Is The Defendant Required To Be Present At Pre-Trial Hearing?
For misdemeanor charges, a defendant is not legally obligated to be present at a pre-trial hearing. For example, at the first appearance (i.e., the arraignment), your Marin County misdemeanor attorney can enter a plea of not guilty on your behalf.
What is the process if you’re cited for a misdemeanor?
If you are cited for a misdemeanor offense, it is important to understand your legal rights. For example, you have a right to a speedy trial, which basically means a trial can be set within 45 days rather than the normal process which takes a lot longer. You also have the right to an attorney. Nevertheless, many Marin County residents opt to simply pay their tickets.
If you decide to challenge the ticket for a misdemeanor offense, the court process typically commences with an arraignment, at which time you will be formally advised of the charges and you (or your Marin County misdemeanor attorney) will need to enter a plea of not guilty. The case will then either be set for a trial.
Hire a Marin County Felony Defense Attorney Today
If you are in need of a Marin County felony defense attorney, contact the Law Offices of Kevin Heaney. Our legal team stands ready to help you during this difficult time and are dedicated to your legal needs. We take pride in our exceptional client service, including being responsive and available when you need legal counsel. To learn more, reach out to schedule a no-cost, confidential case evaluation.