Misdemeanors are designated as Class A, B, C, or unclassified, with Class A being the most serious and unclassified being the least serious. Each designation has its own maximum punishment. In Kansas, possession of marijuana for personal use is a Class A misdemeanor, battery is a Class B, and patronizing a prostitute is a Class C. Unclassified misdemeanors are just misdemeanors that lawmakers haven’t categorized into A,B, or C, and in most cases has maximum punishments aligned with Class C.
If you are arrested for a misdemeanor, you should cooperate with police but say as little as possible before obtaining a lawyer. A lawyer can walk you through each step of the process, and anything you say without your lawyer could be manipulated and used against you.
Here’s what to expect if you are arrested for a misdemeanor in Kansas:
A misdemeanor case begins with an arraignment, where you will be told what you’re being charged with and made aware of your rights. This is the first opportunity for you to tell the judge how you plan to plea, guilty, not guilty or no contest. If you plead guilty a judge can sentence you on the spot, so for most cases it makes sense to plead not guilty so you and your lawyer have time to come up with a plan. During your arraignment a judge may set bail, an amount of money you put up as a promise to return for your future court dates.
Following your arraignment and pre-trial conference, you will have a preliminary hearing. This hearing is used for a judge to decide if there is enough evidence in your case to go to trial. This hearing is not used to determine if you are innocent or guilty.
The next step is entering your plea in a District Court Arraignment. You have three choices …
- You can ask for a continuance, which would give you and your lawyer more time to discuss the strategy of your plea.
- You can plead guilty, after which a case will be established for your sentence.
- You can plead not guilty. If you do that, your case will be set for a pre-trial conference and jury trial.
Following this arraignment, your trial date will be set.
For misdemeanor charges, you may have a pre-trial conference. This is a meeting between you and your lawyer and the prosecution. Most likely this conference will include discussions about plea bargains and pre-trial motions.
As a defendant, you have the right to a trial in which there are 12 jurors deciding the verdict. You also have the right to waive a jury trial and have the judge decide.
In any of these scenarios, you’ll be thankful you used Warrior Lawyers, the renowned Criminal Defense firm Ariagno, Kerns, Mank and White, L.L.C. Nobody knows the Kansas legal system like the Warrior Lawyers, who have a proven track record of aggressive and successful defense, both in law and fact. Call them today at (316) 265-5511.