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If the felony is reduced to a misdemeanor, this also restores one right to serve on a jury. Under California law, a convicted felon is disqualified from serving on a jury until and unless his or her civil rights have been restored.
If you are found guilty after either a court trial or a jury trial, the judge decides the penalty (the sentence). A court trial usually takes less than an hour, a jury trial usually takes a full day. The court schedules your trial for another day.
It takes approximately 30 days to get a court date in Texas. However, this often takes longer if the prosecution has not filed official charges. In these circumstances it can take several months for a court date in Texas.
The Reader's Digest Version: The general sequence of a misdemeanor case is arraignment, pre-trial hearings and trial. Counsel for defendant also will attempt to negotiate a plea bargain as appropriate and will file motion(s) that are legally supported and helpful toward resolution and narrowing the issues.
Class A Misdemeanors: These are the most serious and can result in up to one year in jail and fines up to $4,000. Examples include certain theft crimes, assaults, and driving while intoxicated (DWI) without aggravating factors.
The right to a jury trial is guaranteed to the accused, not the government. So unless a law specifically allows only a jury trial the defendant gets the choice; the prosecution does not.
The federal government is required to use grand juries for all felonies, though not misdemeanors, by the Fifth Amendment to the United States Constitution. All states can use them, but only half actually do with the others using only preliminary hearings.
To screen out weak cases and protect defendants from facing trial based on unfounded charges, the criminal justice system generally requires the prosecutor to establish that probable cause exists to support their charges. A prosecutor typically makes its case in a preliminary hearing or to a grand jury.
The federal government is required to use grand juries for all felonies, though not misdemeanors, by the Fifth Amendment to the United States Constitution. All states can use them, but only half actually do with the others using only preliminary hearings.
If the felony is reduced to a misdemeanor, this also restores one right to serve on a jury. Under California law, a convicted felon is disqualified from serving on a jury until and unless his or her civil rights have been restored.