Receiving Community Service for Misdemeanor

Author: Kevin Jones

Author: Kevin Jones

Misdemeanor Law involves defending/prosecuting crimes that are more serious than petty offenses, but much less serious than felonies. Misdemeanors typically result in such punishments as a fine or a jail sentence, not exceeding one year. If a jail sentence is imposed, it is served at a local, city or county jail rather than a state or federal prison (penitentiary). In many jurisdictions and in certain types of cases, defendants who can't afford an attorney are not entitled to a court-appointed attorney in a misdemeanor case. Unlike felonies, misdemeanors are usually handled by special courts with abbreviated procedures, such as a city court or municipal court. Criminal conduct usually falls under one of seven (7) categories. Within each category there exists both misdemeanor and felony offenses. The less serious crimes are usually treated as misdemeanors the more serious crimes are treated as felonies. Remember, whether a type of crime is a misdemeanor or felony depends upon the level of punishment attached to the offense. Exceptions to this no-bail rule are made when you: Are arrested for an alcohol or drug-related offense. The sheriff may hold you in his custody until he believes you may be safely released without danger to yourself or others. The sheriff follows a published release schedule which is based on your blood alcohol level as determined by a breathalyzer or blood test; have been arrested for a misdemeanor or felony within the last five years; have a previous felony conviction; are on parole or probation at the time of your arrest; or Are being arrested for resisting law enforcement. If any of these exceptions apply, you will not be released on your own recognizance, but will have to post bond in an amount from $100 to $500. Consenting to a search: A search which might otherwise be illegal may become legal if you consent to it. A court may find such consent either in your words or actions (like opening the trunk of your car if the police ask you to do so). There may be occasions when you wish to consent to a search, but you should remember that the risks are high and that you are voluntarily giving up an important right. If you believe you are being searched illegally, look for witnesses and loudly tell police that you are not consenting to the search. If searched incident to an arrest, the search must come after the arrest. Before being searched, ask the police if you are under arrest. If they say you are not, check the area for witnesses who might have heard the conversation. Remember who searched you; if it was not the arresting officer, the search may not be lawful. Be sure to ask "May I leave now?" before departing from the searching officer. Misdemeanor crimes are lesser offenses than felonies, yet the penalties can be very damaging, depending upon the nature of the charge. For example, a person who has been convicted of driving under the influence of drugs or alcohol will not only lose his driving privileges for a period of time, but he may also be banned from certain jobs, such as driving a school bus or taxi cab. If the crime is sexual in nature, he may be required to register as a sex offender and be limited not only in employment options but in housing choices. People charged with misdemeanor crimes are not always afforded the same legal protections granted to people who are charged with felonies. Some charges are processed in an alternate court, such as traffic court, and the punishments may be determined by a set schedule. If the charge is a minor traffic offense the accused may not be allowed a jury trial, or may be required to pay a fee if he requests a jury. In addition, the jury in a misdemeanor trial usually has six members rather than twelve. If the possible penalties do not include jail time, the defendant may also be denied the right to have an attorney. About the Author:

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