If Tried for a Misdemeanor Can the Case Be Tried Again as a Felony
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Yep. Misdemeanor cases can, and many times practice, go to trial either before a jury or a approximate. However, the vast bulk of misdemeanor cases resolve curt of trial considering they get plea bargained or dismissed by the court or the prosecutor. An accused can also avoid trial by pleading guilty or no contest to an crime.
If a instance does not go to trial, then it commonly proceeds into the sentencing stage of the criminal court process.
Criminal laws in nigh jurisdictions ascertain a misdemeanor law-breaking as a criminal offence for which the maximum judgement does non exceed ane yr in jail.
A misdemeanor is more serious than an infraction just less serious than a felony.
A few commonly charged misdemeanors include:
- DUI,
- simple assault,
- battery, and
- disturbing the peace.
Do misdemeanor cases go to trial?
Misdemeanor cases can go to trial. This ways that the accused pleads non guilty to the misdemeanor offense charged and elects to advance the example to a jury trial.[i]
Note that in the United States, parties have a constitutional right to a jury trial if they are charged with an criminal offense that is punishable by custody in jail for six months or more.[2]
Go along in mind, though, that a case does non have to go to trial. A defendant tin can avoid a trial by:
- pleading guilty or no competition to the misdemeanor charged,
- accepting a plea bargain that sends the case to the sentencing phase of the criminal procedure, and/or
- convincing the judge or prosecutor to drop or dismiss the example in its entirety.
If a case does go to trial, then the trial itself volition involve the following events:
- jury selection,
- opening statements,
- presentation of evidence (also known equally the prosecution and defense "cases in chief," which includes the examination and cross-examination of witnesses by both sides),
- endmost arguments,
- jury deliberations,
- verdict, and if necessary,
- sentencing. [3]
In addition, if a misdemeanor case goes to trial, then the defendant has certain rights guaranteed by the United States Constitution and the constitution of every U.S. country. Some of these rights include:
- the correct to exist represented by an attorney (which includes the right to be represented past a court-appointed public defender if a party cannot afford a private criminal defence force attorney),
- the right confronting self-incrimination (which means the accused can pass up to answer questions or otherwise give testimony against himself/herself),
- the right to a speedy trial, and
- the right to produce and confront witnesses.
If a case goes to trial, can a defendant raise any evidentiary motions?
If a misdemeanor case goes to trail, the accused (or the defence counsel) can raise sure evidentiary motions. Some of the well-nigh mutual include (but are past no means limited to):
- standard objections to bear witness and/or testimony,
- motions to exclude evidence (these motions apply to a number of dissimilar problems that range anywhere from excluding newly discovered evidence to excluding coerced confessions),
- motions to exclude witnesses from the courtroom,
- motions to discharge jurors (this, too, could be for any number of reasons, such as juror misconduct, a juror becomes ill, a juror is inattentive or falls comatose during the trial, or a juror has an unusually emotional reaction to the evidence presented),
- challenges to expert testimony (for example, the expert is testifying to matters beyond his/her expertise, the basis for the opinion is improper, and/or the testimony will confuse the issues and mislead the jury), and
- move for amortization.
The premise of a move for acquittal is that the prosecution has not sustained its burden of proof every bit to one or more than elements of the crime charged.
What is a misdemeanor?
A misdemeanor is a offense for which the maximum judgement is no more than one year in canton jail.[4]
Misdemeanors are more serious offenses than infractions simply less serious than felonies. The latter are crimes punishable past more than than ane year in jail or prison.
The criminal laws of well-nigh jurisdictions divide misdemeanors into two classes. These include:
- standard or petty misdemeanors, usually punishable past up to 6 months in jail and/or a fine of up to $1,000, and
- gross or aggravated misdemeanors, punishable past up to i year in jail and/or a fine of upwardly to $ane,000 or more.[v]
Common standard misdemeanors include (simply are non limited to):
- drug possession,
- public intoxication,
- piddling theft,
- prostitution, and
- shoplifting.
Common aggravated misdemeanors include (but are not limited to):
- domestic battery,
- driving on a suspended license,
- DUI without injury, and
- violating a restraining order.
California defendants may choose to have a bench trial or a jury trial.
What is the law in California?
Equally with other states, a misdemeanor case in California tin can go to either a jury trial or a demote trial.
A defendant in the state has a right to take a jury trial whenever he/she is charged with an offense that is punishable past whatever amount of jail fourth dimension.[vi] Note that this is different than the national rule that provides a right to a jury trial with crimes that are punishable by six months in custody or more.
In California criminal cases, a jury trial is where 12 members of the community are assembled to hear the evidence and decide whether or non a defendant is guilty of the crime or crimes charged.
In contrast, a bench trial is a trial in which a judge determines an accused'due south guilt/innocence.
Annotation that while a misdemeanor case may go to trial in California, it does non have to. Equally with other jurisdictions, a defendant can avoid a trial by:
- pleading guilty to the misdemeanor charged,
- inbound into a plea deal, or
- succeeding on a motion to dismiss the charges.
Misdemeanor cases in California can proceed through various stages in the following social club:
- arrest,
- arraignment (formal charging and plea),
- bail hearing,
- pretrial stage (including discovery and motions to dismiss or exclude testify),
- jury trial or bench trial, and
- appeal.
About misdemeanor cases will not go through all of these steps. A instance can be dropped at any stage if the evidence is weak or the court grants a movement to suppress bear witness.
In addition, the prosecution and the defense force can agree to a plea bargain.
[i] See Usa Department of Justice website, "What Happens in a Misdemeanor Case."
[ii] Baldwin v. New York, 399 U.S. 66 (1970).
[iii] See same.
[4] Black'southward Law Lexicon, sixth edition.
[v] See U.s.a. Department of Justice website, "What Happens in a Misdemeanor Case."
[vi] People v. Oppenheimer (1974) 42 Cal. App. Supp. 3d 4.
Nearly the Author
Neil Shouse
A former Los Angeles prosecutor, attorney Neil Shouse graduated with honors from UC Berkeley and Harvard Police School (and completed boosted graduate studies at MIT). He has been featured on CNN, Skilful Morning time America, Dr Phil, Court Tv, The Today Evidence and Court TV. Mr Shouse has been recognized by the National Trial Lawyers every bit 1 of the Superlative 100 Criminal and Top 100 Ceremonious Attorneys.
Source: https://www.shouselaw.com/ca/blog/do-misdemeanor-cases-go-to-trial/