When fighting a misdemeanor charge, you will have to attend an arraignment. This will be your initial appearance in front of a judge. Here, you will be able to enter a plea of guilty, not guilty or no contest if you desire. At this stage, entering a plea of guilty or no contest allows the judge to sentence you during the arraignment. Pleading guilty or no contest this early in the proceedings will almost always result in a softer sentence since you have made it clear that you do not wish to waste the court’s time. A pretrial conference will be scheduled if you plead not guilty.
A pretrial conference is an informal meeting between the prosecutors and your attorney. It is at this point that a plea bargain may be offered. In essence, a plea bargain involves you pleading guilty to a charge less severe than the one you were originally facing. Some see a plea bargain as working to everyone’s benefit: you get a charge and a sentence that is far less devastating while the prosecutor can count the case as a win.
If a plea deal is made, the defense and prosecution will arrange for a hearing, during which the judge hears the accused plead guilty for the record and then provides a sentence. If an agreement cannot be reached, the criminal court process moves on to pretrial motions and continuances. It is at this point that your attorney can file motions, such as asking the court to label certain evidence as inadmissible or requesting to see arrest records. If more time is needed by either side, a continuance may be filed. A continuance is a way to delay a trial so that both sides are prepared.
With a misdemeanor case, it is possible to have either a trial or a jury trial. In most cases, the case will go to a trial with no jury. It is here that a judge will listen to arguments from both sides and then reach a verdict. Sentencing may occur that day or on a separate date.