Do misdemeanors go to trial? A defense lawyer explains

Yes, misdemeanor cases can go to trial. The vast majority of them, however, are resolved without a trial, mainly through plea bargains or dropped charges. Some studies have found that over 90 percent of all criminal cases are resolved without a trial. This percentage is likely even higher for misdemeanors.

Most criminal cases end without trial

It is actually very rare for a criminal case to go all the way to trial.

According to the federal judiciary:

Of the 71,954 total criminal defendants in federal court from October 1, 2021, to September 30, 2022, only 1,669 of their cases were resolved by a bench or a jury trial.[1]

That is 2.3 percent of all federal cases that end with a bench trial or a trial by jury. 97.7 percent of the criminal cases in the survey were resolved without a trial.

3 ways cases get resolved without a trial

Broadly speaking, there are three main ways for a criminal case to get resolved without a trial:

• you plead guilty,
• the court dismisses the case, or
• the prosecutor drops the charges.

The criminal defense lawyers at our law firm have found that pleading guilty is the most common of the 3.

1. Pleading guilty

Likely the most common way for a case to end is for the defendant to accept a plea bargain.

The federal judiciary’s survey found that 89.48 percent of the cases covered ended with a plea of guilty.[2]

Guilty pleas are so common because they often benefit everyone. You, as the defendant:

• get a sense of certainty about the outcome,
• would likely see some of the penalties of a criminal conviction at trial get reduced by the plea deal,
• would avoid the emotional stress of a trial, and
• would not go through the financial strain of taking a case to trial.

Law enforcement also benefits from a plea bargain:

• it ends the case more quickly, freeing time and resources at the district attorney’s office for other cases, and
• law enforcement officers do not need to gather any more evidence for the case, letting them focus on others.

This can save lots of time and money.

The court system also benefits from clearing the case from its docket more quickly so it can get to the others on it.

The guilty plea would only come after the plea bargaining process. This is a negotiation between you and law enforcement to resolve the case without a trial. That negotiation can focus on:

• the criminal counts that you are facing, where you offer to plead guilty to some in order for others to be dropped,
• the sentence you are facing, where you agree to plead guilty in exchange for the prosecutor seeking a lighter sentence,
• the criminal charges that have been filed, where you agree to plead guilty to some in order for the others to be dropped, and
• the factual allegations, where you agree to plead no contest or nolo contendere in order to avoid admitting guilt.

For example: Sam gets arrested in California and charged for a misdemeanor offense of driving under the influence (DUI). He agrees to plead guilty to the lesser charge of “wet” reckless driving in order to have the DUI dropped.

The negotiation can begin as early as the arraignment. It often dominates the pretrial process, with one or several pretrial hearings being dedicated to it. It can continue right up to the trial date.

2. The court dismisses the case

Occasionally, the criminal case will end when the court dismisses it. This can happen if the judge finds that:

• the criminal statute of limitations has expired, or
• your rights were violated.

You often have to file a motion to dismiss in order to get the court to take action.

3. The district attorney drops the charges

Sometimes, you can convince the district attorney to drop the charges. This is one of the best outcomes you can achieve in your case.

6 ways you can convince law enforcement to drop the charges is to show them that:

1. they do not have sufficient evidence of your guilt to prove their case beyond a reasonable doubt,
2. you have new evidence that undermines their case against you,
3. the evidence they have against you was obtained through a violation of your constitutional rights, such as an illegal search or seizure,
4. you have a legal defense that is likely to lead to an acquittal at trial,
5. the prosecution’s case relies on a witness or a victim who is unreliable or not credible, and
6. you are eligible for a diversion program and want to take it.

Misdemeanor cases might be more likely to end without trial

While the survey found that 97.7 percent of criminal cases are resolved without a trial, that number may be even higher for misdemeanors.

Misdemeanor offenses are low-level crimes that carry less than a year in county jail. District attorneys’ offices often focus their attention on more serious offenses. This can make them more likely to offer favorable plea deals in misdemeanor cases.

For defendants, this favorable plea agreement may be enticing. The criminal defense attorneys from our law office have found that they frequently involve no jail time – something that is not as common in felony cases. Being able to resolve your criminal case and knowing that you would not go to jail may be in your best interests.

Factors that could make a case go to trial

Criminal cases, including misdemeanors, are more likely to go to trial if:

• you know that you are innocent and you intend to prove it,
• there are strong indications that the prosecution’s case against you is weaker than they think it is, like if the police report is contradictory or if a key witness’ story would likely not survive cross-examination,
• you are willing to go through the time, cost, and risks of getting convicted at a criminal trial,
• you do not want to have anything on your criminal record, not even a conviction for a misdemeanor charge,
• you do not want the social stigma of admitting to violating the criminal law in the way alleged, such as for committing domestic violence,
• the prosecutor does not offer a favorable plea bargain, and
• you stand to lose a lot from a conviction, such as a your good reputation or a professional certification or license.

Legal Citations:

[1] U.S. District Courts, “Criminal Defendants Disposed of, by Types of Disposition and Offense, During the 12-month Period Ending September 30, 2022.”

[2] Same.