Misdemeanor Charges

What is a misdemeanor?

Offenses can be grouped into three general categories. The most serious are felonies, the penalty for which can include a term in a state prison. Next are misdemeanors, the penalty for which can include up to one year in a county jail. The least serious are infractions (mostly traffic offenses), for which the maximum penalty does not exceed a $100.00 fine plus court costs.

Procedures for different categories of offenses are somewhat different. The procedure for the least serious offenses (infractions) is the quickest and simplest. The procedure for felonies is the most complicated, because the need to protect both the public and the rights of the accused is greatest for the most serious offenses.

If you have been charged with a misdemeanor, you will have been given a citation prepared by a police officer, or a complaint prepared by a prosecutor. The citation or complaint includes a short statement of the offense with which you are charged, and states whether the offense is an infraction, a misdemeanor, or a felony.

In every criminal case, there are two parties. The plaintiff is the State of Idaho, who is represented by a county prosecutor (if you are charged with committing a misdemeanor outside a city), or a city prosecutor (if you are charged with committing a misdemeanor within a city). The person charged with a crime is called the defendant.

If you received a citation, it states a date and time to appear at the county courthouse. If you received a complaint, you will also have been given a summons that states a date and time to appear at the county courthouse. The date and time in the citation or summons is for an initial appearance (also called an arraignment).