Some states will allow for trial by jury even when it is not required by the federal constitution, but others will require a bench trial. If the maximum possible penalty for a criminal offense does not exceed 180 days of incarceration, the defendant no right to a jury trial under the U.S.
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Sex offender registration requirements often continue for decades and in some cases for life.
Any person who reviews a ticket but remains confused about whether the charge is a misdemeanor or civil infraction should seek clarification from a criminal defense lawyer.īack to top Misdemeanor Offenses Misdemeanor ChargesĪ misdemeanor is a criminal offense, and conviction normally results in a criminal record. Misdemeanor offenses usually require an appearance in court, while civil infractions for the most part do not. Often it will be possible to determine from the ticket itself whether the charge is a civil infraction or is for a criminal misdemeanor offense. For example, in some states the offense of driving without your license on your person or driving with expired tabs on your license plate may be charged as a civil infraction, while in other state's it is charged as a criminal misdemeanor. Sometimes people are confused about a charge, and mistakenly believe that a misdemeanor charge is a civil infraction. Misdemeanorsīefore pleading guilty to any charge, a defendant should have a clear understanding of the nature of the charge. Trials on civil infractions are usually brief. That is a much lower standard of proof than exists in a criminal case, in which the defendant must be proved guilty beyond a reasonable doubt.Ī few states require a higher burden of proof for conviction of traffic violations, but most states that have decriminalized minor traffic offenses allow for conviction based upon the preponderance standard.Īs a non-criminal case, a civil infraction hearing may occur before an administrative officer of the court or magistrate, or may be heard by a judge.Ī defendant has no constitutional right to a jury trial for a civil infraction, and few states grant jury trial rights for infractions. In order to convict a suspect of a civil infraction, the prosecution must prove its case by a preponderance of the evidence, meaning that it is more likely than not that the offense occurred and that the defendant committed the offense. If the charges are serious, the police may attempt to enforce an arrest warrant at a location where the person is known to be present, such as the person's home or place of work.Īlthough it is a charge filed against the defendant by the government, a civil infraction is not a crime. If not charged following an arrest, sometimes a person will later be informed that charges have been filed, and will be asked to present himself at the police station by a particular date and time.Īt other times, a warrant may be issued for the person's arrest and, if the police encounter and identify the person, an arrest may follow. The person may be charged or indicted following a criminal investigation. The person may be arrested based upon probable cause that a crime was committed and that the arrested person committed the crime or
The person may be detained by a police officer who witnessed the allegedly unlawful activity, and be issued a notice to appear in court A person who is suspected of having committed a crime or similar offense may be immediately arrested, or charges may be authorized at a later date:
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