The Misdemeanor Criminal Process

Many people that have been arrested or have received a summons for a misdemeanor criminal matter have questions about the criminal process. The following is a guide of the court proceedings for a misdemeanor: (1) Arraignment; (2) Pretrial Hearing; (3) Motions Hearing; (4) Trial; (5) Sentencing

Arraignment

An arraignment generally refers to the first step in the criminal legal process wherein an accused is called to court, his/her identity is established, he/she is informed of the charge/s against him/her, and he/she is called upon to plead to that charge. Counsel is required at this stage. A misdemeanor defendant shall be arraigned not later than 15 days after the complaint is filed in court.

Pre-Trail Hearing

A Pre-Trial hearing date is set at arraignment. The Pre-Trial hearing is set to determine the status of a case: (a) If negotiations have been successful a plea may be entered and a sentencing date will be scheduled; (b) If more time is needed for investigation or negotiations the Pre-Trial hearing may be continued; (c) If negotiations are unsuccessful a Readiness hearing and Trial can be set at the Pre-Trial hearing.

Motions Hearing

A Motions hearing may or may not be set at the Pre-Trial Hearing. If a separate Motions date is not set, then you will likely argue Motions at trial or in-limine. Motions are legal arguments to suppress physical evidence or statements and possibly have the case dismissed.

Trial

* Jury Selection (Voir Dire) * Opening Statements * Examination of Witnesses * Jury Instructions * Closing Arguments * Verdict

Sentencing Hearing

Generally a sentencing hearing will be conducted after the entry of a plea or jury verdict. The maximum penalty for a misdemeanor in Washington state is 90 days in jail and a $1000.00 fine. The maximum penalty for a gross misdemeanor is 365 days in jail and a $5000.00 fine.