Misdemeanor FAQs

Although misdemeanors are less serious that felonies, individuals charged with these offenses can still face significant punishment. Review the following information to learn more about misdemeanor crimes.

What is a misdemeanor?

A misdemeanor is any offense that carries a maximum penalty of less than a year in jail. Depending on the jurisdiction, it can include such offenses as marijuana possession, simple assault, and trespassing.

I received a citation. Now what happens?

The citation will have a date and time that you will be expected to appear in court to answer the charges. This is called an arraignment. Attendance is mandatory. Failure to show up at the appointed time may result in more severe consequences such as an arrest warrant being issued. At the arraignment, you will be asked to enter a plea of “not guilty,” “guilty,” or “no contest.”

What should I do if charged with a misdemeanor?

As most misdemeanors can carry the possibility of a jail sentence, it may be best to consult with a criminal defense attorney if you are charged with a misdemeanor.

If I am convicted, will I go to jail?

No, not necessarily. The penalties for misdemeanors vary. Often, depending on the misdemeanor, if it is your first offense, you may simply receive a fine, community service, or probation. However, in some states, certain misdemeanors such as a DUI carry mandatory jail sentences, regardless of whether it is your first offense. An attorney can best advise you as to what the sentencing guidelines are in your particular jurisdiction.

What is an expungement?

An expungement is the process of having your criminal record sealed or destroyed and made unavailable for public viewing. An expungement is allowed in many criminal convictions, especially involving a misdemeanor. Laws and procedures for filing an expungement vary by jurisdiction. While a successful expungement may make your criminal record unavailable to the public, it does not necessarily “wipe the slate clean.” Often, the information is still available to law enforcement, and may be used in future court sentencing procedures.