in a mismeaner case, at what stage can a california district attorney dismiss a case

In a misdemeanor case, your charges will proceed straight to the pre-trial stages discussed below. In a felony case, there will be a preliminary hearing. During the preliminary hearing, the judge will decide whether there is “probable cause” for the charges. If the prosecutor is not able to prove probable cause, the judge will dismiss the charges.

Full Answer

What are the stages of a misdemeanor case?

Misdemeanor cases can be filed by the Los Angeles City Attorney or the District Attorney's Office, depending on where exactly the crime occurred. After you have been arrested for a misdemeanor case in California, then it will proceed through the normal stages in the criminal case process, including the arraignment , bail hearing, pretrial , and ...

What happens in a misdemeanor case?

California Penal Code 1466 — An appeal may be taken from a judgment or order, in an infraction or misdemeanor case, [that is, a California misdemeanor appeal] to the appellate division of the superior court of the county in which the court from which the appeal is taken is located, in the following cases: (1) By the people: (A) From an order ...

What is an example of a misdemeanor in California?

Dec 06, 2021 · The 3 Stages Of A Misdemeanor Criminal Court Process. ... If you are ready to discuss a pending misdemeanor case with an attorney contact the Aizman Law Firm at 818-351-9555 for a free confidential consultation. ... California Penal Code 19 -Except in cases where a different punishment is prescribed by any law of this state, ...

What happens when a defense attorney files a motion to declare mistrial?

Feb 25, 2020 · Standard California misdemeanors are offenses that are usually punishable by a maximum of: 6 months in county jail, and /or. A fine of up to $1,000. 1.2. Punishment for a “gross” or “aggravated” misdemeanor. Certain California misdemeanor offenses are considered more serious than others. These are known as “gross misdemeanors” or ...

Can a misdemeanor be dismissed in California?

How do you get a prosecutor to drop charges?

How long does the DA have to file misdemeanor charges in California?

What does case dismissed mean in California?

What is one reason prosecutors may decide to dismiss cases?

Can a judge dismiss a case?

What is the statute of limitations for most misdemeanors?

Is a misdemeanor a crime in California?

How long do cases stay open California?

What happens when a case gets dismissed?

Does a dismissed case stay on your record?

Is dismissed the same as not guilty?

What is the penalty for a misdemeanor in California?

California misdemeanors fall into two general categories: Standard misdemeanors, and gross or aggravated misdemeanors. Punishment for a standard mi...

What are some common misdemeanors in California?

Common standard misdemeanors include (but are not limited to): Drug possession -- California Health and Safety Code 11350 HS; Drunk in public -- Pe...

What is a California wobbler offense?

Some California offenses can be charged either more or less seriously, in the prosecutor's discretion. These so-called California wobbler offenses...

What is the process after a misdemeanor arrest?

Misdemeanor cases in California can proceed through various stages in the following order: Arrest; arraignment (formal charging and plea); bail hea...

Can I get probation for a misdemeanor?

Misdemeanor violations are often punished with misdemeanor probation in California. Misdemeanor probation is sometimes referred to as summary, or i...

Does a misdemeanor give you a criminal record?

A misdemeanor charge results in a criminal record when: The defendant pleads guilty; the defendant pleads no contest; or the defendant is found gui...

Can you expunge a misdemeanor from your record in California?

California law permits expungement of most misdemeanor crimes. California law permits expungement of most misdemeanor crimes. The exception is a mi...

Can a misdemeanor conviction lead to deportation?

Most misdemeanors do not lead to deportation unless they involve: Drugs, firearms, or domestic violence. Under U.S. law, non- citizens are subject...

What is appellate law in California?

A Brief Overview of California Appellate Law. Let’s start off with the basics. An appeal is a request for a higher court (that is, an appellate court ) to review a decision of a lower court (that is, the superior court, commonly referred to as the trial court). An appeal is not a new trial.

Is a wobbler a felony?

A “ wobbler ” is an offense that the prosecutor may file as either a misdemeanor or a felony, depending on. the facts of the case, and. your criminal history. and the offense is at some point deemed to be a misdemeanor, the case is still considered a felony for appellate purposes. 6.

What is a statement on appeal?

Statement on appeal (a) Description A statement on appeal [which may be used as the trial record in a California misdemeanor appeal] is a summary of the trial court proceedings that is approved by the trial court.

Is an appeal a new trial?

An appeal is not a new trial. When a higher court reviews a lower court’s decision, it reviews the record of what happened in the bench or jury trial to determine if there were legal errors that substantially affected the rights of either party. The higher court cannot review new evidence.

How long is a misdemeanor in jail?

The standard penalty for a misdemeanor is up to one year in county jail and/or a fine up to $1,000. However, unless the code or statute provides otherwise, any offense deemed a misdemeanor will have county jail time of up to 6 months.

What is the penalty for a violation of California Penal Code 18.5?

California Penal Code 18.5 (a) – Every offense which is prescribed by any law of the state to be punishable by imprisonment in a county jail up to or not exceeding one year shall be punishable by imprisonment in a county jail for a period not to exceed 364 days. This section shall apply retroactively, whether or not the case was final as of January 1, 2015. [ ↩]

What is a pretrial hearing?

The pretrial is where most misdemeanor charges are resolved with a plea bargain or agreement to reduce the charges or sentence or where the defendant enters a plea outright to all or some of the charges.

How many people are in a jury trial?

You are entitled to a jury trial of 12 persons where the prosecution must find you guilty beyond a reasonable doubt on all elements of the offense. A guilty verdict must be unanimous. If not, it is considered a hung jury, and the prosecution has the option of retrying you.

How much is a felony fine?

Fines are up to $10,000. The consequences of a felony conviction are far more onerous than for misdemeanors. You may not own or possess firearms, Will generally lose your professional license or not be eligible to obtain one, May not serve on juries, May not serve in the US military, in law enforcement, or.

What happens if you get a felony?

The consequences of a felony conviction are far more onerous than for misdemeanors. You may not own or possess firearms, Will generally lose your professional license or not be eligible to obtain one, May not serve on juries, May not serve in the US military, in law enforcement, or.

How long can you go to jail for a wobbler?

No wobbler offense that is charged as a misdemeanor can have a sentence of more than one year in county jail. If charged as a felony, most wobbler offenses have state prison or county jail sentences of no more than 3 years though there are some exceptions.

What is a misdemeanor in California?

California law defines a misdemeanor as a crime for which the maximum sentence is no more than one year in county jail. A misdemeanor is more serious than an infraction but less serious than a felony. Common examples of misdemeanors are DUI, shoplifting and domestic violence that does not result in a serious injury.

What is the maximum sentence for a misdemeanor in California?

Updated January 2, 2021 California law defines a misdemeanor as a crime for which the maximum sentence is no more than one year in county jail. A misdemeanor is more serious than an infraction but less serious than a felony.

What is a Wobbler offense in California?

These are crimes which the prosecutor can choose to charge as a misdemeanor or a felony (or, in some cases, a misdemeanor or an infraction).

How long is misdemeanor probation in California?

Misdemeanor probation is sometimes referred to as “summary,” or “informal” probation. Misdemeanor probation typically lasts for 1 year unless the crime statute specifies otherwise.

Can you expunge a misdemeanor in California?

California law permits expungement of most misdemeanor crimes. California law permits expungement of most misdemeanor crimes. The exception is a misdemeanor sex crime against a child – such as certain counts of statutory rape, California Penal Code 261.5 PC.

Is a misdemeanor a felony?

A misdemeanor is more serious than an infraction but less serious than a felony. Common examples of misdemeanors are DUI, shoplifting and domestic violence that does not result in a serious ... Five Misdemeanor California Theft Offenses. Updated January 2, 2021 California law defines a misdemeanor as a crime for which the maximum sentence is no ...

What is the penalty for brandishing a weapon?

Brandishing a weapon — Penal Code 417 (punishable as a misdemeanor by up to 1 year jail sentence and/or up to a $1,000 fine), Elder abuse — Penal Code 368 (punishable as a misdemeanor by up to 1 year in jail and/or up to a $6,000 fine), and.

What are some examples of misdemeanors?

Examples of a misdemeanor violation are: shoplifting (depending upon the value of merchandise), prostitution, vandalism, and driving under the influence. The processing of a misdemeanor is as follows: An arrest is made – police take the defendant to jail (or released on signed citation in the field). If the defendant is arrested and given a date ...

What happens if you are arrested for a misdemeanor?

If the defendant is arrested and given a date to appear in court, three things can happen: The defendant is released – no charges are filed.

What is the maximum fine for a misdemeanor?

What Happens in a Misdemeanor Case. Misdemeanors are primarily offenses with a maximum punishment of a $1,000 fine and a county jail term of 1 year or less. However, there are some offenses which exceed this general criteria; for example, spousal abuse can carry a higher maximum fine.

How much is a misdemeanor?

Misdemeanors are primarily offenses with a maximum punishment of a $1,000 fine and a county jail term of 1 year or less. However, there are some offenses which exceed this general criteria; for example, spousal abuse can carry a higher maximum fine.

What happens if a defendant is arrested?

If the defendant is arrested and given a date to appear in court, three things can happen: The defendant is released – no charges are filed. The defendant posts bail or is released on his own recognizance (“OR”) and is scheduled for arraignment.

What does "not guilty" mean in a plea?

Defendant released on “own recognizance”, or remains in custody if unable to post bail. OR. Defendant enters a plea – not guilty, guilty, no contest. Not Guilty – the defendant states that he/she did not commit the crime. The case is set for a future event. Guilty or No Contest.

What does "not guilty" mean in criminal law?

Not Guilty – the defendant states that he/she did not commit the crime. The case is set for a future event. Guilty or No Contest. Guilty – the defendant admits that he/she did commit the crime. No Contest- the defendant will not contest the charge.

What is the next step in the arraignment process?

The next step in the arraignment process is the plea. This is where a defendant can choose to stop court proceedings or, continue further on to a trial or plea bargaining. A defendant can enter one of three pleas:

What is discovery in a case?

Discovery is the exchange of information relevant to the case between the prosecution and the defense. Each side will be able to see what evidence is being gathered and what method of defense will be employed. In some cases, this may be the only way for a defendant to see what is on the actual police report that the prosecution is using. While it may seem like bad news that your attorney has to reveal what defense strategy will be used, discovery is actually vital to putting up a good defense against the prosecution.

What is the opening statement of a trial?

Opening Statements: Each side will deliver their opening statements, where they tell the jury how they will structure their case, and what evidence they will see over the course of the trial.

What does "not guilty" mean in court?

A defendant can enter one of three pleas: Not Guilty: A plea of “not guilty” signifies that the defendant does not admit to committing the crimes listed in the charges.

Can a 991 motion be denied in Los Angeles?

The Los Angeles County judge will either grant or deny your PC 991 motion. If denied, your criminal case will proceed through the court, but you will still have an opportunity to challenge the evidence later though other legal motions.

What documents are used to determine probable cause?

In making the probable cause determination, the Court will rely on documentation such as a warrant affidavit from an investigating police officer, if any, police reports related to the alleged crime, and any other documents “of similar reliability.” (Penal Code § 991 (c).)

What is probable cause?

Probable cause is defined in various ways in case law, but essentially consists of a common-sense determination whether there is reasonable cause to believe that: 1 (1) a crime was committed, and 2 (2) that the defendant charged is the individual who committed said crime.

The Purpose of the Prelim

The prelim is there to show the Judge whether there is enough evidence to hold the defendant to answer for trial- i.e., if the prosecutor is able to show the Judge enough evidence to support of suspicion of the defendant’s guilt, then the Judge will transfer the case to a trial court for those proceedings to begin.

Reduction to a Misdemeanor

Other than holding to answer or dismissing, the Judge has a third option for offenses which are wobblers. Wobblers are offenses that can be charged as misdemeanors or felonies. The Judge has the power to reduce wobblers from felonies to misdemeanors pursuant to Penal Code 17 (b) (5).

Burden of Proof at a Prelim

The burden of proof at a preliminary hearing is much, much lower than a trial. At a trial, a jury must find the defendant guilty beyond a reasonable double- the highest legal standard recognized by law.

Victories at Preliminary Hearing

I have personally experienced significant victories at preliminary hearings, including dismissals and significant reductions. For instance, in one particularly memorable case, my client was charged with PC 187- first degree murder, which carries a life sentence. It was a “contested prelim” which means we put on evidence and witnesses as well.

Timing of a Preliminary Hearing

A defendant has a right to a speedy preliminary hearing within 10 court days of the arraignment, unless there is a showing of good cause. If good cause is shown, the defendant has a right to a preliminary hearing within 60 calendar days at the latest.

Defense Strategies and Tactics at a Prelim

One of the key things a defense attorney can do at a preliminary hearing is cross-examination of the live witnesses. An effective cross-examination forces a prosecutor’s witness to commit to a certain set of facts because the testimony is under oath and can be used to impeach that same witness at trial, if her testimony should change.

Can you get your case dismissed?

While it’s certainly possible to get your case dismissed, and you may even be able to have the charges dropped before the case goes to court, doing so will require the assistance of an experienced criminal defense attorney. Failure to close your case properly could leave the door open for someone to reopen your case in the future.

What does it mean when a case is dismissed with prejudice?

When a case is dismissed with prejudice, it’s closed for good. Neither party can reopen the case at a later date, and the matter is considered permanently resolved. On the other hand, dismissing a case without prejudice leaves ...

Can a case be dismissed without prejudice?

Neither party can reopen the case at a later date, and the matter is considered permanently resolved. On the other hand, dismissing a case without prejudice leaves the door open for the case to be reopened down the road. Generally speaking, dismissing a case with prejudice is good news for the defendant in a case as it closes ...

Who is the prosecuting party in a civil case?

In civil cases, the prosecuting party would be the individual or organization that filed the lawsuit. The victim in a criminal case may influence a prosecutor’s decision to voluntarily dismiss a case, but the decision ultimately rests with the prosecutor.

What happens if a jury fails to deliver a unanimous verdict?

When a jury fails to deliver an unanimous verdict, the defense may file a motion to declare a mistrial. The judge may ask the jury to take additional time to deliberate and attempt to reach a verdict, but if it becomes clear that an unanimous verdict is out of the question, the judge will declare a mistrial.

How long does it take to clear a criminal record?

To clear your record, you’ll have to request an expungement. The process typically takes 4 – 6 months, and is best handled with the assistance of an attorney.

How long does it take to get your record expunged?

To clear your record, you’ll have to request an expungement. The process typically takes 4 – 6 months, and is best handled with the assistance of an attorney. It’s a critical step that’s often overlooked, and can seriously harm your career if it isn’t handled promptly.