Generally, a misdemeanor is punishable by up to one year in county jail. Trials for misdemeanors are held in the state’s lower court, occasionally referred to as Municipal Court. (Names for these courts vary from state-to-state).

The crimes begin in the lower state justice system, but can go to the state higher court or a superior court. Common felony crimes include murder, rape, or armed robbery. Punishment typically takes the form of one or more years in a state prison.

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The arraignment procedures for misdemeanors and felonies are almost identical. The only difference between the arraignment procedures is that in the misdemeanor arraignment process, a pre-trial in Municipal Court is held. With a felony arraignment, the next step is a pre-preliminary hearing or a preliminary hearing. After which the date for trial is set. (Note: Some jurisdictions do not hold a pre-preliminary hearing).mail

A defendant needs to have established representation prior to the arraignment. A public defender may not be the best choice as he/she may not have time to review the case prior to the arraignment or, even worse, may not be assigned the case until arraignment. A private attorney, on the other hand, can meet with the defendant before the arraignment, review the case, and provide the defendant with step-by-step options prior to the arraignment process.