Learn More About a Misdemeanor
When it comes to law and order in the United States criminal charges will often be categorized as either a misdemeanor or a felony. Both will have different consequences, fines, and penalties according to what distinction or Class the crime falls under. When you’ve been arrested for a misdemeanor it’s important to get into contact with your lawyer or a bail bondsman company for assistance awaiting trail. Until then, here is some background information that may be of use to you regarding misdemeanors in the state of Tennessee.
Is a misdemeanor an arrestable offense?
Although a misdemeanor is considered less serious than a felony it’s more serious than an infraction. Generally, a misdemeanor will be punishable with a fine and incarceration in the local county jail. This is different than an infraction that does not require jail time. If you get a misdemeanor citation then you won’t be arrested.
What is a misdemeanor citation in Tennessee?
Getting a misdemeanor citation is a common way that someone in the state of Tennessee may be charged with a crime without being placed under arrest.
What is the court process for a misdemeanor?
Typically the court process surrounding a misdemeanor will be as follows. First, either an arrest is made with the defendant being sent to jail or they will be released with a signed citation in the field. If the defendant is arrested they will be given a date to appear in court. Here three things can happen: one, the defendant is released and no charges are filed; two, the defendant posts bail, or is released on his own recognizance, and/or is scheduled for arraignment; three, the defendant remains in custody and is brought to court for arraignment.
Can you plea bargain a misdemeanor?
A plea bargain will typically reduce a felony to a misdemeanor which can be helpful for the defendant in preserving their civil rights, retaining a professional license, and protecting their job prospects.
Misdemeanor Classes in Tennessee
- Class A: Up to 11 months, 29 days in jail and/or fines up to $2,500.00. Common examples include assault, domestic assault, simple possession of marijuana, possession of drug paraphernalia, theft, and DUI.
- Class B: Up to 6 months in jail and/or fines up to $500.00. Common examples include reckless driving and prostitution.
- Class C: up to 30 days in jail and / or no more than $50.00 in fines. Usually consists of motor vehicle or regulatory offenses — such as speeding, wildlife violations, and other petty offenses.
What is considered a serious misdemeanor?
A serious misdemeanor can be considered crimes of kidnapping, murder, rape, and arson which will have more serious terms of incarceration and more than a year in prison.
How will a misdemeanor affect my life?
Misdemeanor offenses aren’t as serious as felony offenses and will typically involve less severe punishments like community service, probation, part-time incarceration and monetary fines. Punishments are served in local city or county jails rather than high-security prisons. A misdemeanor will stay on your criminal record and if you are asked on a job application whether you have been convicted of a crime you would answer yes which may or may not affect job prospects. However, you may be able to successfully petition the court for these records to be sealed or expunged.
How long does a misdemeanor stay on your record in TN?
A misdemeanor crime in Tennessee can be petitioned to be erased from your criminal history and may be filed five years after the completion of your sentence. All court obligations must be completed before the crime can be expunged.
How do you get a misdemeanor expunged in Tennessee?
You may file a request for misdemeanor expungement with the court that your case originated from. If you have multiple charges check with the court clerk for the separate forms that will be associated with each charge. Certain charges will qualify for expungement and you must indicate them on the forms.
How can a misdemeanor be dismissed?
A misdemeanor can be dismissed with the formal request to the court, i.e. a petition. The court will make a decision on your request and could withdraw your guilty or no contest plea (or a guilty verdict if you had a trial,) and enter it as a not guilty plea. The court will then set aside the conviction and dismiss it.
Get Legal Assistance With a Misdemeanor
If you find yourself or someone you know with a misdemeanor and an arrest has been made, consider the option of misdemeanor bail bonds so that trials can be awaited out of jail. With any legal actions and processes make sure to get the legal advice and representation of a lawyer. A misdemeanor will have procedures that can be long and confusing so it’s best to get help from legal professionals for assistance.
When you need help with a misdemeanor in Covington, TN call 901-476-1125 with Advanced Bail Bonding!