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First Time Misdemeanor Offense


There are a lot of first times to look forward to in life, but catching your first
misdemeanor charge is not one of them. Being charged with a misdemeanor
offense is not something to take lightly. You can go to jail, face serious fines, and
endure severe life disruptions that can have an effect on your family, career,
friendships, and other obligations.
At the outset, there are a few things you should know. To start, being charged with
a misdemeanor does not mean you are guilty. The prosecutor must prove guilt. If
you were arrested and/or booked into custody prior to the charges being brought,
then you will have an arrest record, but not a criminal record. If you are convicted,
or even accept a plea bargain, then you will have a criminal record.
Jail Time, Jail Type, and Fines
The primary distinction between a misdemeanor and a felony is the amount of jail
time a person faces if convicted. Misdemeanors, generally, do not allow jail
sentences of more than one year, while felony convictions can carry sentences
starting at one year going all the way up to life sentences, and in some states, death
sentences.
Another distinction is that felony convictions will require jail sentences be served
at state run facilities, often referred to as prisons, while misdemeanor sentences are
generally served at local or county run facilities, which get referred to as jails.
With any conviction, the court is going to assess fines not just for the crime itself,
but for court costs, processing costs, and potentially even the costs to house you in
jail. Typically, the fines for a misdemeanor conviction in any given state are going
to be less than those assessed against an individual convicted of a felony, but can
still be rather substantial. Many states also qualify some misdemeanors as petty
crimes. Petty crimes usually carry lesser fines and lesser maximum jail sentences.
Clearing Your Record
If you are arrested but not charged, or charged, but not convicted, you may request
that a court expunge the record of your arrest and/or charges. Even if you are
convicted of a misdemeanor, after you have completed your sentence, including
any court ordered post-incarceration programs, you can also request that the record
of your conviction be expunged.

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Sometimes a prosecutor may agree to make an expungement part of a negotiated


plea bargain, where after all conditions of the plea bargain have been satisfied,
such as fines paid, community service completed, probation completed without any
violations, the court will automatically expunge the record. Typically, an individual
will be allowed one expungement in their lifetime.
If you have been charged with a misdemeanor, speak to a criminal defense attorney
right away to ensure that your rights are protected.

(Original article can be found here: http://bit.ly/2esUXUN)

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