MISDEMEANOR COURT PROCEEDING

When a police officer arrests you for a misdemeanor offense then the officer will issue a citation to you to appear in court. For more serious misdemeanor charges, the prosecutor may file a complaint or information which states the specific crimes that you are charged with.

The following proceedings then generally take place in court:


1. Arraignment

At an arraignment a defendant is informed of their rights and the charges against them which includes the possible penalties such as jail time and fines for the charges. The judge may make a finding of probably cause and set conditions of release including bail. For defendants, the ideal conditions of release are being released on their own recognizance which means that there are no conditions of release set other than a promise by a defendant to appear for their court hearings. At the arraignment, the defendant will enter a plea of “guilty” or ”not guilty”. 
It is advisable for the defendant to enter a plea of “not guilty” unless he or she has consulted with and is represented by an experienced lawyer who advises you otherwise. The defendant will then either choose the option of scheduling 
a “jury trial” where a jury will decide on the facts of the case or waive the jury and schedule a “bench trial” where the judge will act as the jury by making a finding on the facts. It is advisable for a defendant to enter a “not guilty” plea unless the defendant is represented by a criminal lawyer who has advised the defendant 
to enter a “guilty” plea.

2. Pretrial Hearing

At the pretrial hearing, which usually takes place a few weeks after the arraignment, the defendant and prosecutor may negotiate and reach a plea agreement or barring any such non-trial disposition of the case, set a trial date 
if one was not already set during the arraignment.
If the defendant is still attempting to negotiate a plea with the prosecutor and requires more time for negotiations then a continuance of the pretrial hearing may be requested. If a plea is entered into then a sentencing date will be set unless sentencing takes place immediately after the plea is entered. 
If the case is set for trial then other matters relating to the evidence, investigation and witness interviews may be addressed by the court during the pretrial hearing.
The conditions of release may also be modified if there are any facts presented 
to the court which warrant a change in the conditions of release. 
Finally, the judge may also set a motions hearing date.
 


3. Motions Hearing 


A motion in a criminal case is an application to the court by either the defendant or prosecutor to the court to make a decision on an issue in the case prior to trial. The motions hearing allows the defendant to attempt to obtain a favorable disposition or avoid an unfavorable situation in their case. Common motions presented by a defendant are a motion to suppress evidence or motion to dismiss the case. 


4. Jury Call Hearing 


There may also be a jury call or readiness hearing where the judge will determine whether the parties are ready to proceed to trial. If there are still ongoing plea negotiations, investigations or the unavailability of witnesses for the given trial date then the court may grant a continuance to provide the parties further time to prepare for trial. There may still exist the possibility of reaching a plea agreement during the jury call or readiness hearing and avoiding a trial.



5. Trial


The defendant has the right to a jury trial but can waive this right by opting for a bench trial. While the jurors will decide the facts of the case in a jury trial, in a bench trial the judge acts as the jury by determining the facts of the case. A six-person jury will be selected for jury misdemeanor trials in Washington State. For jury trials, the parties will engage in a jury selection process called “voir dire”. Voir dire allows the parties to explore and inquire into the background, beliefs and attitudes of the prospective jurors to determine if certain prospective jurors are either inappropriate or desirable to be on the jury. During voir dire, each side will have the opportunity to strike or eliminate a certain number of prospective jurors. This process of striking or eliminating a juror is called a peremptory challenge. During the jury selection, the defendant or prosecutor may not have to use one of their limited number of peremptory challenges if either party can show that a particular juror should be eliminated for cause which means that a juror is automatically removed from the jury panel because he or she is found by the judge to be unwilling to abide by the law in deciding on the facts of the case.
After voir dire, the parties will give opening statements with the prosecution going first and the defendant having the option to immediately follow with an opening statement or delay giving the opening statement until after the prosecution has “rested” or finished presenting their case. After the prosecutor gives an opening statement, the prosecutor will call their witnesses to the stand and examine or pose questions to them. After each prosecution witness has been examined, the defendant will have the opportunity to cross-examine or also ask questions to the prosecution witnesses. After the prosecution has finished presenting their case then the defendant will have the opportunity to present his or her witnesses and also take the stand as a witness in their own defense if the defendant chooses to do so. The defendant is not required to present any evidence because the defendant is not required to prove his or her innocence. Because the prosecutor has the burden of proof which requires that the defendant is found guilty of the charges by proof beyond a reasonable doubt, the defendant is not required to present any evidence or testify at trial. If there is a jury trial then the jury must reach a unanimous decision on the verdict. If even one juror dissents and a unanimous verdict is not achieved then this situation is referred to as a “hung jury” which results in a mistrial which simply means an incomplete trial. After a guilty verdict, a sentencing date is set.



6. Sentencing 


Sentencing takes place after the defendant enters a guilty plea or is found guilty of criminal charges at trial. The judge will impose the sentence within the sentencing range for the criminal offenses the defendant is found guilty of. 
Unless there is an agreed upon sentence reached by the parties, both the prosecution and defendant will make a sentencing recommendation to the judge. In making the sentencing recommendation, the prosecutor may cite aggravating factors which are reasons for why the defendant should receive a harsher sentence within the sentencing range while the defendant will cite any mitigating factors which are reasons for why the defendant should receive a more lenient sentence within the sentencing range. The judge will impose a sentence based on a consideration of the aggravating and mitigating factors in the defendant’s case. Upon being convicted and sentenced, the defendant will have the option to file 
an appeal to challenge the conviction or sentence.