Misdemeanors are crimes punishable by less than one year in the county jail. Common examples are domestic violence first offense, assault and battery, operating under the influence of liquor (i.e., drunk driving), driving on a suspended/revoked license, possession of marijuana – first offense, and retail fraud first offense (shoplifting less than $200.00 or less than $1,000.00).
These cases start in District Court with the arraignment (see above). The next step is a pretrial conference where your attorney and the prosecutor meet before the court to either enter a plea or set the matter for a trial. Generally, your attorney will already have the police reports for your case prior to this conference.
There may be motions filed prior to the trial. The trial can be either a “bench” trial, meaning that the judge decides both the law and the facts of the case, or a “jury” trial, meaning that the judge decides the law and the jury decides the facts.
If there is a plea or a conviction, then the defendant will be referred to the District Court Probation Department. A Presentence Information Report will be generated by the probation officer. This report is usually available to the judge and your attorney for the first time at sentencing. It will recommend to the Judge possible terms of incarceration, fines, costs, fees, community service, conditions of probation and length of probation, but the final decision is always up to the Judge. A sentencing hearing is then set for the defendant and his attorney to appear, at which the Court sentences the defendant after giving the defendant and his attorney a chance to speak to the judge about the possible sentence.