Misdemeanor / Criminal Traffic Department |
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Address: Clerk's Office
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Department Functions & Services Misdemeanors are minor offenses that carry a lesser punishment than that of a Felony. Misdemeanors consist of charges such as Petty Theft, Battery, Worthless Checks, and Assault. Misdemeanors also include criminal traffic charges, such as Driving Under the Influence (DUI), Driving While License Suspended, Expired Tag, etc. When someone is arrested on a Misdemeanor charge, they will usually be in First Appearances within 24 hours. This is done to determine if a bond will be set by a judge. Bonds can be posted two ways, by either contacting a bail bond agent to post a surety bond on the defendant (or someone else) can post a cash bond. Misdemeanor cases are heard by the County Court Judges, the Honorable Cliff Barnes, the Honorable Philip Yacucci, and the Honorable Kathryn Nelson. In the case of a non-jury trial, the judge makes a finding of guilt or innocence. On the arraignment date, the defendant will enter a plea of guilty, not-guilty, or nolo-contendere. Nolo-contendere means the defendant neither admits nor denies the charges. When a nolo-contendere plea or a guilty plea is entered, the judge usually sentences the defendant at arraignment. If a not-guilty plea is entered, the court will set the case for trial.Docket Sounding is scheduled for the first day of Jury Trial week. The defendant may change his or her not-guilty plea at this time and be sentenced by the judge. If the defendant still pleads not-guilty, the court will set a time for the trial. Usually a defendant will need an attorney for a Jury Trial. The jury will then decide the verdict. A defendant may be set for a non-jury trial also. In the case of a non-jury trial the judge decides the sentence. |
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