What is a misdemeanor?
Under Arizona state law, crimes are categorized as either felonies or misdemeanors. Felonies are the most serious crimes — murder, manslaughter, arson, rape, etc. Misdemeanors are less serious crimes. Some of the most common misdemeanors college students are charged with are underage drinking or possession of alcohol (also known as MIP), possession of marijuana or drug paraphernalia (for personal use), DUI, use of a false ID, and giving false information to a police officer. What happens after I am charged? Usually, the law enforcement officer who charges you will give you your citation and release you without taking you to jail. The citation will contain the name of the charge and the number of the statute you have been charged with violating, as well as a date and time for you to appear in court. Your initial court appearance is called your “arraignment.” Don’t make the mistake of thinking that, because you were not taken to jail this is “just a ticket.” You have been charged with a
In Florida, a Misdemeanor is any crime that is punishable by up to, but not more than, one year in jail. Misdemeanors are heard before County Court Judges. Misdemeanors are broken down into two categories. A Second Degree Misdemeanor, known as an ‘M2’, has a potential maximum sentence of 60 days in county jail, or 6 months of probation or a combination of the two. A First Degree Misdemeanor, or ‘M1’, has a potential sentence of one year of county jail, one year of probation, or a combination of the two. The Judge may also impose, fines, fees, costs and other sanctions deemed appropriate, based on the nature of the charge and your prior criminal history. For an in depth discussion and analysis of your case, please contact Carsten & Ladan, P.A. for a free consultation.
A misdemeanor is a lesser offense that carries a maximum sentence of county jail time and fines upon conviction. In a misdemeanor case, the defendant will plead guilty or not guilty during the first court appearance. If there is a Not Guilty plea entered, a date is set for a pre-trial hearing. Many cases are resolved at the pre-trial hearing stage. If a resolution does not occur here, however, the case is set for trial and witnesses and victims are notified to appear if testimony is needed.
Offenses can be grouped into three general categories. The most serious are felonies, the penalty for which can include a term in a state prison. Next are misdemeanors, the penalty for which can include up to one year in a county jail. The least serious are infractions (mostly traffic offenses), for which the maximum penalty does not exceed a $100.00 fine plus court costs. Procedures for different categories of offenses are somewhat different. The procedure for the least serious offenses (infractions) is the quickest and simplest. The procedure for felonies is the most complicated, because the need to protect both the public and the rights of the accused is greatest for the most serious offenses. If you have been charged with a misdemeanor, you will have been given a citation prepared by a police officer, or a complaint prepared by a prosecutor. The citation or complaint includes a short statement of the offense with which you are charged, and states whether the offense is an infractio
