The California Penal Code categorizes criminal offenses as the following:
INFRACTIONS
Your typical traffic violation. These cases involve no probation, just fines up to $250. More importantly, there is no possibility of jail.
MISDEMEANORS
These are more serious crimes punishable by up to one year in local, county jail. Additionally, fines can be ordered by the court. The most common types of misdemeanor offenses are D.U.I., petty theft, simple drug possession, and other non-violent crimes. Misdemeanors can be punished by up to one year jail time, but usually the outcome is much better.
Additionally, unlike felony cases, you have the right to "waive" your presence at all misdemeanor court appearances and have your lawyer appear on your behalf. We do this every day for our misdemeanor clients. Not only does it save you time, but it saves you money and the potential for embarrassment. And contrary to what you think, your "waiver" does not harm you in the judge's eyes. In fact, given that most clients at this level "waive" their appearance, an actual client appearance is a most unusual sight in the courtroom. Regardless, it is your decision and we advise you accordingly.
The charges may be considered minor, but being accused of a misdemeanor--not to mention being convicted of one--can cause a major disruption in the life of an accused. As in any criminal case, it is essential that you or your loved one in a misdemeanor prosecution have zealous representation backing him or her up.
