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Misdemeanor

Arraignment — At the misdemeanor arraignment, the defendant is told what the charge(s) are, the maximum penalty if convicted, and his/her constitutional rights to jury/bench trial, court-appointed attorney, presumption of innocence, etc. The defendant is given the opportunity to enter one of four pleas at this time: guilty, no contest, not guilty or stand mute. A plea of guilty or no contest means the defendant is convicted of the offense without a trial and is subject to being sentenced by the court. The District Court judge may sentence the defendant on the spot or may reschedule the case for a sentencing date after the court’s probation department has prepared a presentence investigation report (discussed later). If the defendant pleads not guilty or stands mute, the case is scheduled for a pretrial conference.

Pretrial Conference — All misdemeanor cases are scheduled for a meeting between an assistant prosecuting attorney and the defendant (or the defendant’s attorney) to determine whether the case will go to trial or be resolved with a plea. A member of the court staff is also involved to facilitate the meeting. These meetings focus on resolving the case short of going to trial. The judge and the witnesses are not directly involved with the pretrial conference. Plea bargains are often discussed at this meeting, although they can be discussed up to the time of trial as well.

Pretrial Proceedings — Many other events can occur prior to trial. Depending on the nature of the case, there may be pretrial hearings on constitutional issues (confessions, searches, identification, etc.). The issues are presented to the court through written “motions” (e.g., Motion to Suppress Evidence). The judge must determine whether evidence will be admitted or suppressed at the defendant’s trial, whether there is some legal reason why the defendant should not be tried, or decide other ground rules for trial.