It is up to the judge. Your fist act should not be to run out and get a lawyer, these charges are just above a traffic ticket.
What you do is, plead not guilty and you will be given a court date. When you go to
court the District Attorney will be present or one of the Assistants from his office.
Ask to speak to him and see what he is willing to reduce the charge too, most times they drop it down to a fine. If you are not happy with the reduced charge, then you can contact a lawyer.
After you have spoken to the DA, you will go in front of the judge, the judge will ask you if you have worked out something with the DA, or he will know, he will then ask you if this is what you want or he will ask you if you would like to be represented by an attorney.
As I said, if your not happy with the deal, you tell the judge you would like to seek council. The judge will postpone the plea and he will give you a new court date, most times he will ask you how much time you need, now contact an attorney and explain the situation to him.
This happens thousands of times a day in the US and for the most part is no big deal.
It seems that a lot of people act like its a huge deal but it is not.
Wear a suite, or look very neat, if you look like a slob you will get treated like one, whether this is right or not this is the real world. Talk like a human and do not give the DA an attitude, if your polite and respectful, you might just walk away with it dropped.
No.
Impossible to answer. What IS the misdemeanor you were charged with? That may be the crux of the matter.
He was charged with a misdemeanor when he was caught driving off without paying for his gas. A misdemeanor is a charge that is less than a felony.
Yes. If they were originally charged with a misdemeanor crime and subsequent investigation discloses that there was more to it than there first appeared, the charges can be changed or increased.
No. What you are charged with cannot be changed except by the court.
A misdemeanor is a lesser criminal offense that a person can be charged with. Misdemeanors are not as serious as being charged with a felony.
Trespassing is a Misdemeanor. Obstructing Justice can be either a Felony or a Misdemeanor depending on the offense that it is associated with.
In some states, hazing is a misdemeanor. In others, such as California, if hazing is severe enough, it can be charged as a felony.
It's a crime that can be charged either as a Misdemeanor or a Felony
A DUI in California can be charged as either a misdemeanor or a felony, depending on the circumstances. Generally, a first or second DUI offense is charged as a misdemeanor, while a third offense within 10 years or a DUI causing injury is typically charged as a felony.
Class C Misdemeanor - Usually a few hundred dollars or 30 days in jail.
Burglary is with force or weapon so yes this is a felony. Theft on the other hand in California has been lowered to a misdemeanor. Usually what you have been charged with will go to the next less severe charge on a plea. If you go to trail and loose then you will be charged with offense charged or higher.