Misdemeanors
The Conflict Program appoints attorneys to defend people charged with misdemeanors.
The Conflict Program’s appointed attorneys provide indigent defense to people charged with misdemeanors in Contra Costa county. With a mission to ensure access to quality defense, The Conflict Program attorneys tirelessly fight for the rights of their clients.
What is a misdemeanor?
A misdemeanor refers to a less serious criminal offense compared to a felony. Misdemeanors are generally punishable by a maximum of one year in county jail, fines, probation, community service, or a combination of these penalties. Examples of misdemeanors in California include petty theft, simple assault, public intoxication, driving under the influence (DUI) without injury, and certain drug possession offenses. While misdemeanors are less severe than felonies, they still carry legal consequences and can result in a criminal record. The specific penalties for misdemeanors can vary depending on the nature of the offense and any prior criminal history of the individual involved.
The timeline for a misdemeanor case is:
- Arrest: You are apprehended for the alleged misdemeanor offense.
- Arraignment: Your first court appearance, where a judge informs you of your rights, provides a copy of the complaint listing the charges, and allows you to request a court-appointed lawyer if eligible. Pleas of not guilty are entered, and future court dates are set.
- Pretrial Conference: This conference involves discussions between your lawyer, the judge, and the deputy district attorney. The aim is to reach the best possible resolution, potentially through an offer. Your lawyer explains the offer and the potential outcomes if the case proceeds to trial. If you accept the offer, you waive certain rights, including the right to a jury trial, and may be sentenced at that time. If you reject the offer, the case proceeds to trial.
- Jury Trial: You have the right to a trial by jury, where the burden is on the district attorney to prove your guilt beyond a reasonable doubt to all 12 jurors. Misdemeanor trials typically last about a week. If the jury cannot reach a unanimous verdict, a mistrial is declared. The district attorney then decides whether to retry the case, make a better offer, or dismiss it.