Misdemeanors

Misdemeanor violations are filed and trials are held in both the Justice Court and the Municipal Court.

Complaints filed

Misdemeanor proceedings follow the Rules of Criminal Procedure. A variety of misdemeanor complaints are filed in the courts, either by the County Attorney's Office, the City Prosecutor or by an officer issuing a citation. These offenses may include shoplifting, disorderly conduct, minor consumption or possession of alcohol, and interfering with judicial proceedings. The Justice Courts have criminal jurisdiction over petty offenses or misdemeanors punishable by fines not more than $2,500 (plus surcharges) or imprisonment in county jail for not more than six months (per offense) or both.

Other misdemeanor violations may include game and fish or boating violations, contracting license violations and bad check violations.

Criminal Traffic

Criminal traffic offenses are misdemeanor violations. Examples of criminal traffic violations are: (DUI) driving under the influence of intoxicating liquor; reckless driving; leaving the scene of an accident; aggravate DUI; driving with a suspended license.

Arraignment

This is a brief hearing held before the Justice of the Peace at which the defendant is advised of the charges and given an opportunity to plead guilty, no contest or not guilty .

If the plea is not guilty, a trial or pretrial date will be set and the defendant will be advised of his/her rights. The Judge also will consider appointment of counsel and the defendant's release conditions.

If the defendant pleads guilty or no contest he/she will be sentenced at that time or at a sentencing set for a later time.

Trial

A trial may be before a judge or a jury. Jurors are summoned by summons or by jury pools. The State (prosecutor) has the burden of proving the defendant guilty beyond a reasonable doubt. Defendants may be represented by counsel or may act as their own attorney. A trial can result in a finding guilty or not guilty.

Sentencing

The sentence is entirely up to the Judge, within minimum and maximum penalties set by statue. The Judge may also consider recommendations from the prosecution. A defendant may also be placed on probation or ordered to attend counseling. The Judge also may order that restitution be paid to a victim.

Post-judgment proceedings

The Judge also may issue orders to show cause and issue arrest warrants for non-compliance and order the suspension of drivers' licenses.