I am facing a misdemeanor charge. What happens next?

A misdemeanor criminal charge can have series penalties and shouldn’t be taken lightly. If you or a loved one are facing an Ohio misdemeanor charge, here’s what happens next.

Arraignment

The arraignment is the first step in a misdemeanor criminal case. This is when you must appear and either enter a plea of guilty, no contest, or not guilty. You may also request a continuance to hire an attorney if you are not able to do so before the court date. 

Most courts require you to appear in person for the arraignment in a misdemeanor case. If the court does not require your personal appearance, your attorney will file the necessary paperwork to handle the arraignment. After entering the plea of not guilty, your attorney will address bond and work on getting you released if you are being held in custody.

Pretrial

At the pretrial, the prosecutor and I will discuss your case and what plea options are available. For example, I will determine if we can negotiate a dismissal, get your case into a diversion program or get the case reduced to a lesser charge.

If I can negotiate a result that you are happy with, then we will conclude the case at the pretrial. If you are there at court for a pretrial, you can enter a plea that day or continue the case for a plea date if you would like to think about things further. If I can’t reach an agreement you like, then the case will be set for trial at a later date.

Motion to suppress (in some cases)

A motion to suppress is the way by which your attorney will try to suppress the prosecutor’s evidence against you. If evidence is suppressed, it means that it can’t be used at trial and this may lead to your case being dismissed.

The judge will suppress the evidence if she determines that your rights were violated by the officer during the investigation of the crime and the arrest. The officer may have violated your rights by extending a traffic stop longer than necessary, improperly searching your person, home or vehicle or depriving you of your right to counsel.

Conducting a hearing on a motion to suppress can also be valuable even if it does not result in evidence being suppressed because it offers you insight into the prosecutor’s case such as whether or not the officer is a good witness or what facts the prosecutor places emphasis on.

Plea or trial

Your case will finish with either a dismissal by the prosecution (rare), entering a plea to the charge or reduced charge or a trial.

IfI will aggressively defend your rights at trial. At trial, the prosecutor will first present the evidence against you. I will make sure that the prosecutor follows the rules of evidence and question the witnesses about their statements and attack their credibility. If you would like to testify and tell your side of the story, you may, but you don’t have to. The judge or jury will then decide if the prosecution has met their burden to prove your guilt beyond a reasonable doubt.

Need help with a misdemeanor charge?

Misdemeanor convictions can carry serious penalties including fines and jail time and collateral sanctions such as driver’s license suspension and disqualification for student loans. At Andrea Henning Law LLC, we assist clients facing a misdemeanor charge within a 90 mile radius of Lima, Ohio including Toledo, Bowling Green, Findlay, Van Wert, Wapakoneta, Columbus and more. Learn more.