Arrest

• Not all misdemeanors result in arrest. For example, in misdemeanor thefts of less than $150, the police officer may issue a summons to appear in court. If the officer arrests a suspect on a misdemeanor charge, then the officer will take the suspect to a local police station. There, the police will file an arrest record; however, the police may or may not fingerprint and take a photograph, or mug shot, of the defendant, depending on the state. For instance, Illinois mandates a fingerprint and photograph record of those arrested for misdemeanors. An arrested suspect may need to post bond for release. The police may release the suspect on the suspect's own recognizance, or the suspect may be held in a county or local jail until the arraignment.
  
  

Arraignment

• At arraignment, a defendant enters a plea of guilty, not guilty or no contest. If a defendant fails to appear for the arraignment, the judge may issue a bench warrant for that person's arrest.
  
  

Trial

• Trial procedures for first degree misdemeanors depend on the state. Some states do not require the local district attorney's office to participate in a first degree misdemeanor. The arresting officer presents the state's case in court. If a defendant has pleaded not guilty, then the defendant or the defendant's counsel will present the opposing case. At the conclusion of the trial, the presiding judge will render a verdict in the case and impose sentencing.
  
  

Sentencing

• A defendant's past criminal record and background can influence the sentencing. The judge can also exercise discretion in sentencing; the judge may follow locally mandated guidelines, agree with the prosecutor's recommended sentence or render a sentence based on his own considerations and views of the circumstances and crime committed.
  
  

Imprisonment

• Punishment for a first degree misdemeanor varies by state; in many states a conviction can carry a prison sentence of up to one year. Some states may impose this sentencing in a halfway house or residential treatment program. Florida statues enable a judge to impose a maximum 365-day sentence at one of these facilities for a first degree misdemeanor. In some cases and states, first degree DUI misdemeanors warrant a longer jail term. Pennsylvania punishes the third DUI offense with a high blood alcohol level with up to five years imprisonment.
  
  

Fines

• Fines can range from zero to $10,000. The maximum amount of the fine depends on the state and the offense committed.
  
  

Probation

• Sentencing may consist of or include a probationary period. During this period, a person convicted of a first degree misdemeanor must avoid additional criminal charges. Some states also mandate that an individual on probation remain within the state and meet regularly with a probationary officer that the court has appointed. On the other hand, probation may not require supervision at all. Depending on the offense, such as a DUI, a judge may also mandate periodic drug and alcohol testing; a failure on one of these tests violates the probation.
  
  

Loss of Privileges

• States that treat a DUI as a first degree misdemeanor also revoke or suspend a convicted individual's driver's license.