What are the typical steps in a misdemeanor prosecution?
The first step is ARRAIGNMENT. If a person is arrested or if the prosecutor decides to file charges, the defendant will be brought to court to hear the charges against him. For persons arrested without a warrant, this must be done within 48 hours. At arraignment, the defendant may plead guilty or if he pleads not guilty, the judge may set a pre-trial date. The defendant may be released from jail on his own recognizance or on bail or may be held in jail until trial. The second step is PRE-TRIAL. Because arraignment is the first time the defendant will have had a chance to see the evidence against him, he may enter a plea of not guilty in order to evaluate the evidence against him and prepare a defense. At PRE-TRIAL the defendant will have an opportunity to change his plea or to set the date for his trial. The third step is TRIAL. A defendant in a misdemeanor case who was in custody when arraigned or entering a plea, whichever comes later, must be brought to trial within 30 calendar days
