This article helps you understand:
- The differences between the nature of a misdemeanor and felony and the consequences they bring.
- If your charges can be dropped when authorities fail to properly fulfill certain duties.
- If you will definitely go to jail if charged with a felony.
What Are The Most Common Types Of Criminal Cases In California?
Our firm handles cases from infractions to felonies. We take most cases that are going to be prosecuted by the local district attorney, which means anything in violation of California State law. The only cases that we do not handle are cases that involve:
- allegations of sexual assault or violence;
- violence or sexual assault against juveniles.
We are capable and qualified to handle any other cases and so do.
What Are The Differences Between Misdemeanor And Felony Charges And Convictions In California?
Simply put, a misdemeanor is a less severe crime, and a felony is a more serious crime. Punishment for a misdemeanor is generally:
- Payment of restitution;
- Payment of court fees;
- Confinement in the county jail of less than a year.
Depending on the exact felony and how severe it is, you can be punished similarly with the following:
- Payment of restitution;
- Payment of court fees
However, the potential confinement for a felony does not have a cap of one year, and you will be confined in state prison, not county jail. Certain felonies have even harsher consequences, including the death penalty and life in prison. In addition, some felonies have a strike system, where if you receive three strikes, you will be sentenced to 15 years to life.
After An Arrest, When Will I Generally Have My First Court Date?
When you have your first court date after being arrested depends on why you were arrested.
The police do “cite and release” for certain misdemeanors and things like traffic tickets or infractions: they issue you a ticket with a court date written at the bottom. You are not arrested (i.e. “released” from custody) on the assumption that you will appear in court at that time.
If you are arrested for anything more severe, you will be taken to county jail or the police station to be booked. If there is room in the county jail, you will be booked there and likely have your first court date the following day. If you are arrested for something on a Friday, Saturday, or Sunday, you will be in jail until Monday morning at the earliest because there’s no court on the weekend.
I Was Not Read My Miranda Rights After Being Arrested And Charged Near Fresno, California. Will My Charges Be Dropped?
Your charges will not be dropped unless you file a motion if you are not read your Miranda Rights. If this happens, your attorney has substantial grounds to exclude all evidence obtained in violation of your Miranda Rights, which could result in the dismissal of your case. The charges will not be dropped, and the authorities will proceed with your case unless you file the motion. A qualified or experienced attorney working for you ensures you get this done.
I Was Arrested And Charged With A Felony. Am I Going To Jail If Convicted?
Whether you go to jail if convicted of a felony depends on several factors.
People are often arrested and charged with several felonies and even a few misdemeanors for one incident. Deals can be made with the district attorney or court to change your charges, especially at your first hearing. The offer they may come up with very often depends on several things behind the scenes, such as housing conditions at the jail or sentencing guidelines. It is not uncommon for people to end up pleading to a misdemeanor despite being initially charged with a felony.
When this happens, there is usually a book and release and conviction. Next, you would get your mugshot taken. After that, your fingerprints would be sent to jail one more time. Then, you would be released to the probation department. Time in prison is typically half a day to a day. There would most likely be other terms to your probation you would need to comply with.
You could also end up going to trial and getting a defense verdict at the trial.
Being charged with a felony does not necessarily mean you will be convicted, nor go to jail.
With the guidance of a skilled attorney for Criminal Defense Cases, you can have the peace of mind that comes with knowing that we’ll make it look easy.
For more information on Criminal Defense Cases in California, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (559) 485-1212 today.