Misdemeanor and Criminal Violation Cases

• General Information
• Sentencing and Diversion Options
• DUII Diversion
• Deferred Adjudication Program (DAP)
• Less Than One Ounce Marijuana Diversion
• Deferral of Charge Diversion (DOC)

General Information

The court web pages only contain information on criminal charges that have been filed by the prosecutor's office.  They do not contain information on matters that may be under investigation by a law enforcement agency.  This page provides some basic general information including definitions of various classes of offenses with which a person may be charged.

It is the job of police agencies to investigate possible criminal acts.  The police agencies then supply investigative information to the District Attorney's office.   Based on the information, the District Attorney will make a decision whether or not to charge a particular person(s) in court. The District Attorney prepares the charges and files them for formal processing with the Court.  When the charges are filed, a person must appear in court to answer to them. This first appearance is generally referred to as ``arraignment." At arraignment, a person is told what the charges are against him/her, informed of their rights, and given the opportunity to obtain an attorney. A person will be given a number of options at arraignment. The defendant will be expected to enter a plea (``not guilty," ``guilty,") or may be offered some other way to settle the case with the agreement of the District Attorney. This could include a form of diversion program.

Violations are offenses for which a fine is the maximum penalty but for which there is no jail sanction.  Some offenses classified as violations carry not only a maximum penalty but a mandatory minimum penalty.

Misdemeanors are lesser criminal offenses for which the maximum penalty is a fine and/or incarceration.  Misdemeanors fall into four classes and each classification carries a different maximum potential penalty:

Sentencing and Diversion Options

Misdemeanors carry the following maximum penalties:

`A' Misdemeanor: $6,250 and/or 1 year in jail
`B' Misdemeanor: $3,500 and/or 6 months in jail
`C' Misdemeanor: $1,250 and/or 30 days in jail
`Unclassified': Penalties as specified in the particular statute

Generally, the court will permit a convicted offender to make regular monthly payments on any fines or other financial obligations ordered as part of a sentence. Please refer to the webpages on Paying Fines and Assessments for more information on paying your court fines.

The District Attorney may decide to offer some persons charged with certain misdemeanors a disposition called `diversion.'  There are several types of diversion:

DUII Diversion - If you have not been convicted of Driving Under the Influence of Intoxicants (DUII) before, or have not been convicted for DUII in the past 10 years, you may be eligible for this diversion program. You must file a formal written application for diversion within 30 days of arraignment on the charge.  A defendant may be represented by an attorney in these proceedings. If you are allowed into the program, you will be required to pay a fee to the Court, complete an evaluation and pay a fee at Quality Research Associates, and attend and pay a fee at a Victim Impact Panel program.

Deferred Adjudication Program (DAP) - The District Attorney may offer a person charged with certain misdemeanors a DAP.  This requires that the defendant file a petition with the court to enter a guilty plea to the charges, and pay for and complete a correspondence course within a limited period of time. A defendant may be represented by an attorney in these proceedings.  If the defendant complies with all program requirements, the charges will be dismissed and the person is not sentenced. Failure to comply with the program guidelines results in the person being sentenced on the charges.

Less Than One Ounce Marijuana Diversion - Persons charged with the possession of less than one ounce of marijuana may be eligible to participate in a diversion program.  This requires the payment of  diversion fees and completion of an evaluation and treatment or educational program within a limited period of time.