It is easy to think of a misdemeanor as minor. The people who call Marcus usually do not see it that way, and they are right.
A misdemeanor conviction can bring county jail time, fines, probation, classes and a criminal record. That record can appear when you apply for a job, a professional license, an apartment or a loan. For non-citizens, even a misdemeanor can have immigration consequences. Handling the case carefully from the start can protect much more than the outcome of one court date.
Common misdemeanor charges
Marcus defends a wide range of non-violent misdemeanor charges in San Diego County and southwest Riverside County, including:
- First-time DUI
- Petty theft and shoplifting
- Drug possession
- Hit and run involving property damage
- Wobblers that may be charged as misdemeanors instead of felonies
Options that may be available
Misdemeanor diversion
California's misdemeanor diversion law, Penal Code section 1001.95, allows a judge to offer diversion for many misdemeanor charges, even when the prosecutor does not agree. If you complete the conditions the court sets, the charge can be dismissed. Some offenses are excluded, and eligibility depends on the charge and your history.
Reduction or dismissal
Weaknesses in the evidence, problems with how a stop or search was carried out, or simply a clear picture of who you are can lead a prosecutor to reduce or dismiss a charge. Marcus's approach is to learn your story and tell it, so the people making decisions see more than a police report.
Civil compromise
For certain misdemeanors where the alleged victim can be compensated, California law allows a judge to dismiss the case once the person harmed confirms they have been paid back. It is not available for every offense, but it can be an important option in some property cases.
Diversion can mean no conviction. When misdemeanor diversion is granted and completed, the charge is dismissed. Ask about it early, because the request is usually made before the case is resolved.
Talking to the court for you
In many misdemeanor cases, an attorney can appear in court on your behalf for some or all hearings, which can help you avoid missing work. Marcus can explain whether that is possible for your charge and your courthouse.
After the case
Even if you are convicted of a misdemeanor, California often allows the conviction to be dismissed once probation is complete. See record sealing and expungement for more.
If you have received a citation, a court date or a letter about a misdemeanor charge, book a free consultation. Meet Marcus at the Mission Valley office, or talk by phone or Zoom. Hablamos español.
This page is general information about California law, not legal advice for your situation. Every case is different, and past results do not guarantee a similar outcome.