Walk It Through: The Case On The Calendar
What the charge is, how long the state had, six months to trial, and a question of fitness.
More than a year after a shoving match, a summons arrives charging a misdemeanor.
Two things a person in this spot might do. Picking one shows what the law says about it.
One misdemeanor case. Felony limits and the crimes with none, an indictment, plea bargaining and the hearing on fitness itself are not worked through here.
A practice walkthrough, not a prediction of how any real one will go. Legal information, not legal advice.
Words this turns on
Terms with a legal meaning that is narrower than the everyday one. Each links to the definition and the authority behind it.
- Fitness to proceedThe capacity to understand the proceedings and assist in one's own defense. No one who lacks it because of mental disease or defect may be tried, convicted or sentenced while that lasts.
- FelonyA crime punishable by death or by imprisonment in the state prison. Unless a section sets another punishment, it carries up to five years, a fine of up to $50,000, or both.
- InfractionA civil public offense, not a crime, punishable only by a penalty not exceeding $300, with no jail.
- MisdemeanorAny crime that is not a felony. Unless a section sets another punishment, it carries up to six months in county jail, a fine of up to $1,000, or both.
- Statute of limitationsThe time within which a prosecution must begin by filing the complaint or finding an indictment: five years for most felonies and one year for most misdemeanors.
- ArrestTaking a person into custody as the law allows, by a peace officer or a private person.
- Speedy trialThe rule that a case is dismissed, absent good cause, if a defendant who did not ask for a postponement is not brought to trial within six months of the information, the arraignment or, for a misdemeanor, the not guilty plea.