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Questions Related to Misdemeanor Laws by Meghan Jones





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Questions Related to Misdemeanor Laws by
Article Posted: 07/13/2013
Article Views: 89
Articles Written: 575
Word Count: 683
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Questions Related to Misdemeanor Laws


 
Law
Any criminal offense punishable with a jail term of maximum one year is often termed as misdemeanor. These offenses are sometimes handled by small fines or short-term probation periods. Such acts include minor offenses like assault, simple possession of controlled or banned substance and some of the tax law evasion. In the United States, such cases can be initiated in many ways. The U.S. Attorney may file a complaint with the court charging a misdemeanor. Under some states’ law, these offenses have been classified in to three types such as Class A, Class B and Class C. In a misdemeanor case, the court may proceed immediately to announce the punishment soon after the verdict. The court may even order for a pre-sentence investigation and report from the United States Probation Office. If such a report is ordered, sentencing will be suspended for a period of time to permit the report to be prepared. The court must consider restitution as part of the punishment if the case involves financial or physical injury to the victim. This article answers some of the frequently asked questions on such offenses and different laws associated with them.

What should I do now as I have two misdemeanor summons pending against me?
The most important thing for you to do now would be to find out the date and place where you have been asked to appear, because the summons mainly require you to appear before a court. If you fail to do so, you might have an arrest warrant issued against you. The warrants will show up when applying for a job or even during a routine traffic stop. At this point of time, it is advisable for you to retain the services of a criminal lawyer who could represent you in the court.

What level of misdemeanor is shoplifting in Kentucky? Will the court pronounce lighter punishment if the person has no prior?
According to the Kentucky state law, if the theft amount is less than $300, it would be considered as a Class A misdemeanor and you could be jailed for maximum of one year or fine of up to $500 or both. Once, you are charged, you will be arraigned where the court will inform you about the charges pressed against you. You will even have a chance to either to plead guilty or not guilty. To have more time to consider your options, you could plead not guilty and can have your attorney work out an arrangement with the prosecutor. However, the court might consider sentencing a lighter punishment if you have no priors. You can always consult with a criminal lawyer on such matters.

What is a misdemeanor citation? The charges pressed are related to public indecency in Ohio.
A misdemeanor citation generally means that the offense committed by you is seen as a third degree misdemeanor which can earn you a jail time of up to 60 days and a fine of up to $500. The most worrying matter is that a citation like this will show on your criminal record and can even prevent you from getting a job in future. You need to talk to a criminal lawyer who could possibly find a favorable defense for you.

What could be the punishment for a first time misdemeanor related to shoplifting?
The United States law has a special provision referred to as pre-trial diversion program or deferred adjudication for offenders who are charged with first time shoplifting charges, provided the offender shows remorse for the actions. If you are offered with such probation, you might have to pay your fine and do some community work. Once you finish such probation with all the steps required by the law, you can say that you don’t have a criminal record against you. However, if the court doest not offer you such program, you will be charged for a Class A misdemeanor and can face a jail term of up to one year.

If you have any questions about misdemeanor charges, you should always ask a criminal lawyer to help you.

Related Articles - Misdemeanor, what is a misdemeanor, misdemeanor charge, misdemeanor punishment, misdemeanor conviction, is a misdemeanor a criminal conviction, punish,

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