Misdemeanor
A misdemeanor is a crime that is punishable by one or more of the following: up to one year in the county jail; fine; probation; conditions addressing restitution; education/counseling for anger management, substance abuse, community service, etc.
THE PROCESS
Arrest
After a crime occurs, a law enforcement officer is responsible for apprehending, arresting and booking or citing the suspect. The accused may be held in custody or released. The officer provides the District Attorney with a Declaration in Support of Complaint.
Filing Complaint
The District Attorney reviews case facts and makes a decision as to which charges to file in a document called a "Complaint." If the evidence is insufficient to prosecute, the DA may decide not to prosecute or to have law enforcement investigators pursue further evidence. Complaints are assigned Docket numbers.
Arraignment/Plea (ARR/PL)
An arraignment is the first court appearance of a defendant and is rarely attended by victims. The purpose is to officially inform the defendant of the charges filed. If the defendant appears with an attorney, he or she may also enter a plea at this time. If the defendant cannot afford a private attorney, a Public Defender will be appointed to provide legal representation at reduced hourly rates based on the defendant's ability to pay.
Once counsel is retained, the defendant may enter a plea of guilty, not guilty or nolo contendre ("no contest," meaning the defendant is not going to fight or "contest" the charges). In terms of sentencing, a "nolo" plea is treated the same as a guilty plea.
Pre-Trial Conference (PT)
There may be several pre-trial conferences and motions in which the judge, attorneys and defendant make decisions regarding bail reduction, evidence discovery and admissibility, trial schedules, and plea bargains. In misdemeanor cases, if an acceptable plea bargain is reached, sentencing may occur immediately, therefore, it is important that victims who so desire prepare Victim Impact Statements in advance so they are part of the court's record.
Jury Trial (JT )/ Court Trial (CT)
If no plea agreement is reached at a pre-trial conference, the defendant has a choice of trial by judge ("court trial") or jury. Trials are open to the public, but witnesses are usually excluded from the proceedings until their testimony is concluded and the judge excuses them.
Trial days generally begin at 9 AM and conclude at 5 PM with breaks mid-morning, at lunch, and mid-afternoon.
Jury Selection
If jurors are needed, the defense and prosecution select twelve people plus alternates on the first day of trial. This can take hours or days, depending on the seriousness of the charges.
Opening Statements
Once the jury is seated, first the prosecutor and then the defense attorney will present opening statements outlining the case and what they intend to prove. Statements are generally less than an hour in length.
Witnesses
Prosecution witnesses testify first and are then "cross-examined" by the defense. The prosecutor may then "rebut" any issues raised by the defense. Following testimony, most witnesses are excused and can then attend the trial if they wish.
Sometimes, witnesses are "subject to recall," in which case they need to remain available and avoid exposure to others' testimony.
Defense witnesses testify next and are cross-examined by the prosecution. Defendants generally do not testify on their own behalf, as they are presumed innocent and it is the prosecution's responsibility to prove otherwise.
Closing Arguments
The prosecution gives a closing argument, explaining to the jury how the evidence presented supports the charges. This is followed by the defense attorney who argues the defense viewpoint. In conclusion, the prosecutor gives a final argument. Closing arguments are not evidence, and cannot be considered by the jury.
Verdict
Following the trial, the jury is given instructions by the judge explaining legal matters pertinent to determining a verdict. The jury then retires to "deliberate" and seek a unanimous conclusion. If it is a court trial, the judge will retire to chambers to consider his or her decision.
When a verdict is reached, the bailiff notifies court personnel to return to the courtroom. A jury verdict document is given to the judge and then read aloud by the court clerk. The jury returns a verdict of guilty, not guilty, or they are unable to reach a verdict.
Pre-Sentence Report
Following the verdict in some misdemeanor cases, the judge requests a Pre-Sentence Report from the Probation Department to provide a sentencing recommendation. The assigned probation officer conducts an investigation that considers the defendant's background, "aggravating" and "mitigating" factors, the impact of the crime on the victim's life and property, and penal code sentencing terms. The Pre-Sentence Report generally takes several weeks to prepare and is a valuable, comprehensive, objective guide for the judge.
Sentencing
At the sentencing. the judge considers oral and written impact statements from victims, statements on behalf of the defendant, arguments by the attorneys, legal requirements for fixed sentences, and, if it was requested, recommendations in the Pre-sentence report.
In addition to any jail term, the judge may order the defendant to reimburse the victim for financial losses (restitution), pay fees for probation and rehabilitation services, and pay a fine to the California Victims of Crime Compensation Program to help other victims. The defendant may be remanded to jail immediately or given a surrender date, depending on various factors.
HOW TO TESTIFY
Be Truthful
Just tell the facts as you know them, simply and concisely. Don't guess or speculate about an answer, even if you think you should know the answer. If you don't understand a question, ask that it be explained.
Answer Only the Question Asked
The DA will guide you through a sequence of questions, many of which can simply be answered "yes" or "no." Do not try to say everything at once or volunteer information.
Remain Calm and Courteous
Slow down and think before you respond. Being courteous makes a good impression on the court and jury. Wait until a question is finished before answering. Don't try to outwit your questioners or lose your temper because it may diminish the impact of your testimony.
COURT CALENDAR INFORMATION
Limited court calendar information is available on the
Nevada County Courts Website.
Choose "Criminal Information", then select "Case Calendar" on the left of the page. You will need the docket number or you may enter the defendant's last name.
More detailed case status information is available by calling the Victim/Witness Assistance Center at 265-1246. Case Management records usually update the day after a defendant's court appearance.
