Donald G. Sowers Misdemeanors Law Blog on Lawyers.com

Some individuals with professional certifications and licenses can loose their livelihood depending upon the nature of a misdemeanor conviction (e.g. Pilots please note our  FAA link http://www.faa.gov/about/office_org/headquarters_offices/ash/ash_programs/investigations/airmen_duidwi/duidwi_reporting 

The sentencing scheme for most misdemeanors is typically found with the definition of the specified crime. You can also research offenses on our Legal Links web page at http://www.FormerDistrictAttorneys.com/CM/Custom/Legal-Links.asp 

Many misdemeanors provide for a minimum punishment. For example, a conviction for a multiple offender DUI requires jail time or equivalent jail alternative work programs and/or community service, alcohol programs and fines. More information on DUI's can be found on our DUI - DMV web page at  http://www.FormerDistrictAttorneys.com/PracticeAreas/DUI-Drunk-Driving.asp

Under California law, if the crime is defined in the law as a misdemeanor but fails to mention a specific punishment, then the maximum jail time is six months. Though often an attorney can convince a judge to not order any jail time, especially for some "first offense" misdemeanors.

Frequently, it is appropriate for your attorney to negotiate a "plea-bargain" or reduction of an offense or compromise on the proposed punishment so as to avoid more serious consequences. Some crimes (such as theft) are known as "wobblers" and can be punished as felonies or misdemeanors.

In some instances your attorney can have your case dismissed (e.g. shoplifting, some assault/battery, trespassing etc.). A "civil compromise" of a misdemeanor pursuant to sections 1377 and 1378 of the Penal Code may be possible. These sections permit a defendant to have a criminal proceeding permanently stayed or dismissed provided the victim of the crime appears before the judge (in person or by declaration that we may obtain for you) and acknowledge he or she has received satisfaction for the "injury" and the court agrees to the compromise.

Some offenses (e.g. under the influence of drugs etc.) may be eligible for "deferred entry of judgment" or "diversion." These provisions permit someone, who has pled guilty or no contest to a drug charge, to complete a drug awareness program and have the underlying criminal case dismissed after 18 months. However, if the defendant fails to successfully complete the program, the court can impose a jail sentence.

If someone is convicted of a misdemeanor the court can either grant or deny probation. If probation is granted, it generally lasts for up to 3 years. However, offenses such as DUI, child endangerment, domestic violence and being under the influence of drugs permit probation to last up to 5 years. The court, in its discretion, could even order that any custody time be served in a home detention (house arrest or electronic-monitoring) program. And if the court imposes a fine, it will often provide for an alternative sentence consisting of community service hours in lieu of a fine.

For clients who are out of the area or out of state, you may not have to appear in court at all, even on some bench or arrest warrants. A defendant may waive his right to personally appear on misdemeanor matters and have his attorney appear on his behalf for all proceedings; including arraignment, pretrial conferences, trial and if convicted for sentencing. This provision in the law often eliminates the need to return to California.

Lastly, an attorney for a defendant may even petition a conviction to be set aside and dismiss the case, releasing the defendant from its penalties and disabilities. If probation was granted, the defendant must have successfully completed the terms of probation. If probation was not granted, the defendant must have completed the sentence of the court and wait a year before filing the petition. The defendant must also establish that he/she is living an honest life and is free of any other subsequent arrest or sentence. This remedy does not have the effect of sealing the record of arrest. Further, the "conviction" which is set aside can be pled as an enhancement in future prosecutions. Defendants must still disclose the arrest and proceedings when applying for certain professional licensing or government jobs. (Penal Code Sections 1203.4, 1203.4(a).) Please see our Appeals & Expungements web page for more details

http://www.FormerDistrictAttorneys.com/PracticeAreas/Appeals-Expungements.asp

As you can see an arrest and conviction can have extremely serious consequences. The members of our firm at Takakjian, Sowers & Sitkoff LLP are very experienced and can help you.

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The California criminal law firm of Takakjian, Sowers & Sitkoff, LLP provides criminal defense and trial representation to clients in Los Angeles, Ventura and Orange County and throughout Southern California after a drunk driving - DUI, DMV license suspension or other felony / misdemeanor criminal charge.