Early Stages of a Misdemeanor Case

Citation and/or Arrest

If a police officer has probable cause to believe you committed an offense, they may issue you a citation that requires you to show up to court for an arraignment. They may also arrest you under certain circumstances at this stage.

Arraignment

This is your first hearing in front of the judge. At this stage, you will enter a plea of guilty or not guilty.

Never plead guilty at this stage!

Entering a plea of “not guilty” does not mean that you are lying. It means that you are asserting your Constitutional right to have the state prove that you are guilty beyond a reasonable doubt. If you plead guilty, you allow the prosecution to skip this step. Do not allow them to skip this step without consulting with your attorney. Exercising your rights will not have a negative impact on the outcome of your case.

Pretrial Conference

This hearing is where you/ your attorney and the prosecutor provide the judge an update on the case. Examples include: 1) the parties are still negotiating and want to reschedule the pretrial conference for a later date, 2) the parties have agreed to a plea deal, 3) the parties want to take the case to trial.

Most cases resolve in a plea deal. If the parties agree to a deal, the next and likely final hearing will be a sentencing hearing.

If the case results in a trial, you will have a sentencing hearing if you have been found guilty.