MISDEMEANOR OFFENSES

Arrest

You can be charged with a misdemeanor simply by someone swearing out a complaint against you and filing it with the police. Thereafter, a warrant is issued and you are arrested. It is my experience that many of the misdemeanor cases are not very well investigated due to the police departments' limited resources and heavy case loads. This results in many unfair and unfounded cases. Unfortunately, when this happens to you, you still need to hire an attorney to defend yourself. A second way you might be charged with a misdemeanor is if a police officer stopped you, or the officer was called to the "scene". In this situation, the officer is the one who files the complaint against you. Keep in mind, a police officer needs probable cause or reasonable suspicion of a law being broken to arrest you without a warrant. It is very important for you to hire an attorney to discuss your particular facts so that she or he can apply the law to your situation and properly advise you.

When to Hire An Attorney

In Dallas County, if you made bond on a misdemeanor, you were given a day to check the bulletin board at the Frank Crowley Building to see if your case has been assigned to a court. It is in your best interest to hire an attorney by that date to represent you. Your attorney can appear for you in most courts until your case is set for a plea or a trial. However, some Judges will require you to appear for each setting. Most Judges require that you and your attorney be ready to finalize your case by plea or a trial setting within 90 days of your first court setting.

If Convicted. Your Punishment.

There are 3 classes of misdemeanor "crimes" or offenses. Each offense has a range of punishment and your potential punishment will fall within that range.

Class "C" misdemeanors are the least serious offenses and include traffic tickes.   These cases are handled by City Courts or J.P. Courts, but not at the Frank Crowley Courts Bldg. If you did not enter a plea upon arrest, you may want to consult an attorney to handle your case.   Certain Class C's are expungable (erasable) from your record after you enter a plea. Ask your lawyer. The more serious Class "A" and "B" misdemeanors are handled by the County Criminal Courts. The following chart may help you understand the punishemnt ranges.

Misdemeanor Classification Range of Punishment:

*****C.....$0-500 fine

*****B.....0 to 180 days in jail & $0-2000 fine

*****A.....0 to 1 year in jail & $0-4000 fine

*Please Note: All punishment ranges need to be explained and applied to your special circumstances by a licensed attorney who regularly practices criminal law as there are many exceptions, enhancements or variations under the law. Many people will be eligible for probation because they do not have a "criminal history" or have a minimal "criminal history": other situations might allow for probation but the court will impose jail time as a condition of probation; and some individuals my have a long criminal history where the punishment range will be pushed up to a higher level.

Final Disposition of your case - Misdemeanor

Your attorney will learn more about the case from the Asst. D.A. then you can decide what to do. Your case will be brought to a conculsion by your attorney setting it for a trial before a Judge or before a jury or by you entering your plea of guilty or no contest before the Judge.