How to Handle Misdemeanor Charges Without Going to Trial

What Is a Misdemeanor?

A misdemeanor is a criminal charge for a crime less significant than a felony. If convicted, a misdemeanor usually results in milder consequences, such as less than a year in jail and a fine of no more than $1,000, or community service or probation instead of jail time.

In Florida, some typical misdemeanors include:

• Petty theft
• Marijuana possession (unless the person with the marijuana has an official Marijuana Medical Use Authorization)
• Disorderly conduct
• Driving under the influence (DUI)
• Resisting an officer without violence

It’s vital to understand that some misdemeanors can turn into felonies if there are aggravated conditions. For example, a DUI may become a felony if there have been subsequent DUI convictions or if another person is injured or killed by a DUI driver.

Why Should Someone Be Worried About Being Convicted of a Misdemeanor in Florida?

Spending a few months in jail and paying a few hundred dollars in fines may not sound tremendously consequential. However, there are additional consequences for misdemeanor convictions that should be considered.

• Time away from work. Spending up to a year in jail results in loss of income and may result in the loss of your job.
• Criminal record. A misdemeanor will appear on your criminal record. This could affect everything from applying for jobs, obtaining housing, and seeking higher education.
• Civil rights restrictions. Some misdemeanors can result in the revocation of civil rights, including the right to own or possess firearms.

With so much at stake, it’s crucial you don’t attempt to handle your misdemeanor charges on your own. Instead, work with an experienced, knowledgeable criminal defense attorney.

What Options Are There for Handling Misdemeanor Charges Without Going to Trial?

There are several, depending on the specifics of the charges. It’s crucial to know that not all of these are applicable to everyone facing a misdemeanor charge (known as the defendant). Speak to a criminal defense attorney to determine eligibility for your case.

• Dismissal. Some aspects of the defendant’s case may weaken it for the prosecution. The criminal defense attorney could successfully request that either the prosecutor or the court dismiss the case and drop all charges.
• Plea bargain. This involves negotiating with the prosecutor to make changes to the case. These can include reducing the severity of the charges so the sentence will be lighter, the defendant pleading guilty to the charges in return for receiving a lighter sentence, or the defendant agreeing to bring specific facts into the case in exchange for other facts (which might lead to more serious charges and consequences) being left out.

There are pros and cons to plea bargains that should be examined before committing to them.

• Pros:
  • Time- and cost-saving. By reducing or removing the need to go to court, the case can be resolved more quickly and for fewer legal fees. As many courts have large backlogs of cases, this also helps other cases move more quickly through the system.
  • Known outcome. Going to trial usually has the risk that a jury won’t return a favorable verdict. A plea bargain establishes the consequences.
  • Reduced charges or consequences.
• Cons:
  • Criminal record. A reduced misdemeanor charge is still a conviction that will appear on a criminal record.
  • Reduced appeal options. Unlike a jury trial and verdict in which the defendant may have the right to appeal, a plea bargain is usually final with few or no avenues for appeal.
  • Guilt. A plea bargain is based on the defendant admitting some level of guilt. If the defendant is adamant that they’re not guilty, a plea bargain may not work for them.
  • Loss of rights. The defendant has the right to a trial with a verdict delivered by a jury of their peers. But a plea bargain removes those rights.
• Diversion program. Sometimes, the prosecutor will agree to allow a first-time offender to enroll in a rehabilitation program with the goal of diverting the defendant from the court system. If successfully completed, the charges will be dropped and there will be no jail time. It’s possible that the criminal record relating to the charges could be sealed or expunged. Diversion programs include drug and alcohol rehabilitation programs. There may also be other requirements, such as showing up regularly for urine tests. The exact terms of the diversion (type, duration, etc.) depend on the specific charges and severity of the alleged crimes, the defendant’s willingness to accept responsibility and commit to the diversion program, and any previous criminal history. The defendant may be expected to pay fines to enter the diversion program, complete community service along with the program, and possibly pay restitution to the victims of the crime.
  • When someone is assigned a diversion program, they need to understand that not completing the program means the agreement is canceled. The defendant can be locked up and not given the option of posting bail to be released before trial.

What Should I Do if I Own Digital Assets and Want to Begin Developing an Estate Plan?

Call DeMichael Law as soon as possible at 863-216-1831 to request a free case evaluation. I understand how stressful and frightening facing charges can be, even misdemeanors. I can review the specifics of your case and help you understand what the best outcomes might be and how those outcomes may be achieved.