The Trucker Newspaper - October 15, 2018

20 • October 15-31, 2018 Perspective
THETRUCKER.COM
Detailing the difference between misdemeanors, felonies real buzzkill at dinner parties
Brad Klepper
exclusive to the trucker
Ask the
Attorney
If you are willing to entertain the farfetched
notion that lawyers have friends, you
may also believe that, occasionally, we get
invited to social functions.
At these events one of the most common
questions we get asked, other than “will you
draft my will?” (the answer is no), is the difference
between misdemeanors and felonies.
Before I answer that question, I also point
out that there are civil infractions as well. For
what it is worth, civil infractions are noncriminal
charges filed by a city, county, state
or federal government and usually are punishable
with only a fine. Things like minor
speeding offenses such as speeding 1-10 mph
over the limit, are often civil infractions.
In order to be convicted of a civil infraction
the state must show by the “preponderance
of the evidence” that you committed the
offense. This simply means it is more likely
than not the offense took place and you committed
the offense. This is the weakest standard
of proof for a conviction. In most states
if you are charged with a civil infraction, you
have no right to a trial by jury and the case
is usually heard before a judge who renders
a verdict.
The next level of offenses are misdemeanors.
Misdemeanors are criminal charges that
are more serious than civil infractions but
not as serious as felonies. They also have jail
time of less than one year and bigger fines.
If you have been charged with a misdemeanor,
the state must show “beyond a reasonable
doubt” that you committed the crime.
Put simply, this means that a reasonable person
would have no doubt that you committed
the crime. A conviction of a misdemeanor results
in a criminal record and is punishable by
jail time, fines, probation and even a driver’s
license revocation.
In addition, some misdemeanors may be
classified as sex offenses and a resulting conviction
can require the defendant to register
as a sex offender, thus requiring them to notify
the police department of their home address
and even prohibit them from approaching
schools, parks or children. Some states
have petty offenses or minor misdemeanors
and the punishment is a fine. However, jail
time can also be included.
Persons charged with a misdemeanor have
no right to an attorney if a conviction does
not result in jail time. They also do not have
a right to a probable cause hearing or a right
to a grand jury.
This brings us to felonies. Felonies are the
more serious criminal charges and have jail
time of one year or longer, the largest fines,
and can result in you being put to death in
some states.
The legal standard for conviction for felonies
is the same as misdemeanors — “beyond
a reasonable doubt.”
Felonies are the types of crimes they make
movies about. They include things such as
murder, robbery, arson and sexual assault.
Conviction of a felony will result in jail time.
For some “minor” felonies you may get lucky
and just be put on probation. But you’ll have
to pay fines, court costs, restitution or even
perform community service. For the more
serious felonies the death penalty may come
into play; however, this usually requires the
death of another person before the prosecutor
will make it part of their case.
If you are convicted of a felony you will
lose some very valuable rights. These include
the right to possess a firearm, be on a jury or —
in some states — to vote. In the event you are
unfortunate enough to find yourself arrested
and charged with a felony, seek legal counsel.
By the time I finish this discussion the
person who asked me the question has a little
spittle in the corner of their mouth and their
eyes have glazed over. Trust me, nothing kills
a vibe faster than asking a lawyer a legal
question in a social setting.
Interestingly, I can’t recall the last time I
was invited to a dinner party.
©2018 FOTOSEARCH
One of the most common questions lawyers
are asked at dinner parties (other than “will
you draft my will?”) is the difference between
misdemeanors and felonies.
Brad Klepper is president of Interstate
Trucker Ltd., a law firm dedicated to legal
defense of the nation’s commercial drivers.
Interstate Trucker represents truck drivers
throughout the 48 states on both moving and
non-moving violations. He is also president
of Drivers Legal Plan, which allows member
drivers access to his firm’s services at
discounted rates. He is a lawyer that has focused
on transportation law and the trucking
industry in particular. He works to answer
your legal questions about trucking and life
over-the-road.
For more information contact him at (800)
333-DRIVE (3748) or interstatetrucker.com
and driverslegalplan.com. 8
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