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Columns Written by Prosecutor Bahrman

MISDEMEANOR CRIMINAL PROCEDURE

• A misdemeanor case can start from a police ticket, citation, or from an arrest warrant. A warrant must be authorized by the prosecutor. These documents are filed with the district court.

• Once arrested, the defendant appears in district court for arraignment. The defendant is told the charges against him or her, and advised of their constitutional rights. The conditions and amount of bail are determined. If the defendant pleads guilty, the court will schedule the case for sentencing. If the defendant pleads not guilty, the case will be set for trial.

• Many events can occur prior to trial. The court may hear motions to determine whether evidence can be used at trial, or whether there is some legal reason why the defendant should not be tried. The prosecutor and defense attorney will often meet to determine whether the defendant will plead guilty to the crime charged or some other offense.

• The trial can be by judge or jury. During the trial, the judge or a jury will determine whether the defendant has committed a crime, and if so, what that crime is. At trial, the prosecution must present evidence to prove the defendant’s guilt beyond a reasonable doubt. The prosecutor must call all the witnesses to the crime. The defendant is not required to prove his or her innocence, or to present any evidence.

• If the defendant is found guilty the judge will set a date for sentencing.

• a. At sentencing, the judge will consider different alternatives, such as a fine, probation, community service, a sentence to jail or a combination. The judge may also order the defendant to make restitution to any victims who have suffered physical or financial harm.