Are misdemeanors lowered to infractions in arraignments or at pre - trials ?

Asked over 1 year ago - Downey, CA

I received a misdemeanor for being after hours at a cemetery . I was cited , but the officer himself told me it is likely I can lower it down to an infraction due to my clean record . There was no fowl play being committed at the cemetery other than loitering . I am told that I should receive nothing more than a " slap on the hand " but I understand that it is more complex than just that . In hope that the DA lowers my misdemeanor to an infraction , when can I expect this decision to be made ? and if so should I plea guilty or no contest ? Any help would be greatly appreciated .

Attorney answers (3)

  1. Maltaise E Cini

    Contributor Level 17

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    chosen by asker

    Answered . Once you plead guilty the deal is done. If you plead guilty/no contest to a misdemeanor than it is a misdemeanor you have plead to. The negotiating to have it reduced to an infraction must be done before you plead no contest/not guilty. The negotiating can be done at any the arraignment or at the pre-trial. You should consider hiring an attorney to do the negotiating for you.

  2. Michael Kevin Cernyar

    Pro

    Contributor Level 20

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    Lawyer agrees

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    Answered . If you are looking to lower the misdemeanor to an infraction, you better lawyer up since it is likely to improve your chances. Many attorneys offer a free consultation. My advice is to speak to one long before your court date. May the attorney can get the matter rejected all together.

    The response above is not intended as legal advice since it’s impracticable to provide thorough, accurate advice... more
  3. John M. Kaman

    Pro

    Contributor Level 20

    Answered . I am glad you were not accused of "fowl" play as messing with chickens will get the animal rightists in an uproar. Normally if a misdo is going to be lowered to an infraction that happens as some part of a negotiated plea at PTC.

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