San
Bernardino Misdemeanor Case defined
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San Bernardino Superior Court Case Information
Bail Bond Application
Credit Card Auth. Form
Chino Police Department
13250 Central Avenue
Chino, Ca 91710
(909) 591-9873
Chino Hills Inmate Information
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What Occurs in a Misdemeanor Case?
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Misdemeanors are primarily offenses with a maximum punishment
of a $1,000 fine and a county jail term of 1 year or less.
However, there are some offenses which can carry a higher
maximum fine.
An arrest is made - police take the defendant to jail
(or released on signed citation in the field). If the defendant
is arrested and given a date to appear in court, three
things can happen:
1. The defendant is released - no charges
are filed
2. The defendant posts bail or is released on his own recognizance ("OR")
and is scheduled for arraignment
3. The defendant remains in custody of the Sheriff /law enforcement agency
and is brought to Court for arraignment |
Arraignment & Plea - defendant is brought to court
1. Defendant informed of charges
2. Defendant is informed of his/her constitutional rights
3. An attorney is retained by the defendant. If the defendant wishes to
have an attorney but cannot afford one of his/her choice, the Court may
appoint one.
4. Bail is set by the Court. Defendant is released on "own recognizance",
or remains in custody if unable to post bail.
OR
5. Defendant enters a plea - guilty, not guilty, or no contest |
- Not Guilty - the defendant states that he/she
did not commit the crime.
The case is set for a future hearing.
Guilty or No Contest-
- Guilty - the defendant admits that he/she did
commit the crime
- No Contest- the defendant will not contest the
charge. It has the same effect as a guilty plea
except that the conviction cannot be used against
the defendant in a civil suit.
If the defendant pleads Guilty or No Contest, the case is resolved
at the time of arraignment. This will include any fines/fees and/or
court-ordered programs imposed by the judge.
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Pre-Trial Proceedings After a Not Guilty Plea
- Discovery is exchanged between the prosecution and
the defense attorneys. This includes police reports,
blood test results, photographs, etc.
- Motions may be filed to set aside the complaint, to
dismiss the case, or to suppress evidence, etc.
- Defendant may change his/her plea to guilty or no-contest
- A hearing will be held to attempt to settle the case
without going to trial.
- Case doesn’t settle – proceeds to trial.
(See: What Occurs at Trial)
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