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Frequently
Asked Questions
Q.
What is the difference between a misdemeanor and a felony?
A misdemeanor is a crime punishable by a fine and no more than 12
months in jail. A felony is a crime that carries a potential prison
sentence in the State Department of Corrections for one year or
more.
Q. What is the penalty for a misdemeanor?
Class 1 misdemeanor: Confinement in jail for not more than 12 months
and a fine of not more than $2,500, either or both.
Class 2 misdemeanor: Confinement in jail for not more than 6 months
and a fine of not more than $1,000, either or both.
Class 3 misdemeanor: A fine of not more than $500.
Class 4 misdemeanor: A fine of not more than $250.
Q. How can I contact the prosecutor
assigned to my case?
You can call 727-3441. You will need to know the defendant's name,
and, if possible, the date of the next hearing. The prosecutors
are often in court all day, so please be prepared to leave a message
with a phone number where you can be called before 4:30 p.m. Please
note: If you are charged with an offense and have an attorney, a
prosecutor will not speak with you. Have your attorney contact the
prosecutor.
Q. How can I get restitution for my
loss?
If you have suffered a monetary loss, such as damage to your home
or medical bills, because of a crime committed against you, the
judge may order restitution in the amount of your loss if the defendant
was found guilty. Please note that restitution is not ordered for
lost work hours.
Q.
Do I have to testify at a trial if I don't want to?
If you are the defendant, you have a right to remain silent, and
the judge and jury are not allowed to hold your silence against
you. If you are a witness or victim, however, you must testify.
If you have concerns about testifying, talk to the prosecutor or
the crime victim assistance coordinator in the case.
Q. What happens at an arraignment?
This is the first appearance a defendant makes in court. The judge
will tell the defendant what the charge is, if the charge carries
the possibility of a jail sentence, the judge will also set a date
for a hearing of the case
.
Q. How can I get an attorney if I
can't afford to hire one?
At arraignment the judge will determine whether your income makes
you eligible for a court-appointed attorney.
Q. What if I can't pay all of my fine
at once?
The judge may allow you to set up a time payment program, based
on your income.
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