Legal Question in Criminal Law in California

Re: What is the chance? [GOOD]

No worries. If I understand you correctly, you have now obtained a valid CDL? Great. If you haven't, go get one. (They won't arrest you at the DMV.) Go to court with your valid (albeit after-acquired) CDL and ask the prosecutor to reduce the charge to a VC�12500 infraction (no license in your possession) which carries no jail time, but only a fine. If the DA won't, the next best thing (and most likely result) is the VC�12500 misdemeanor. This also carries no mandatory minimum jail time.

Every county is different, but almost certainly, even if you plead to a suspended license (VC 14601), your "jail time" (mandatory 5 days for a first offense of your type of suspension) can be and will be completed through some alternative, such as (in Riverside County, for example) house arrest, or (i.e., in OC and LA) CALTRANS work, or (i.e., in San Bernardino) work release. Even if you WANTED to go to jail, you'd be kicked out after a couple of days because you would receive additional "good time" custody credits.

The letter from your sponsor is nice. It might help you get a break from the DA (ie, the infraction); but as you can see, it's not absolutely necessary. You're not in that much trouble here.

One final note, NEVER admit to a police officer or prosecutor (DA) that you knew your license was suspended when you were driving. THat is the crux of the case, and it is up to the DA to prove your knowlege. It is not illegal to drive on a suspended license. It is illegal to KNOWINGLY drive on a suspended license. You must have been given appropriate NOTICE of the suspension, or you have committed NO crime at all. This is usually proven by the driver's own statements.

Good luck. Stop worrying. = )

Call or email if you need more info.

JACQUELINE GOODMAN RUBIO

Attorney at Law

[email protected]

800-515-0233

Re: What is the chance? [GOOD]

Oops-- I failed to notice before my last reply went off, that you have an FTA for this case. The issue of the FTA, similarly to the 14601, is "intent." Because you mention that you have an AA sponsor, it bears mentioning that if, by reason of illness or the like, you were UNABLE to get to court (hospitalized, jailed, etc.), you are not guilty of any crime of intentionally failing to appear as ordered. I suspect your reasons for the failure may not rise to hospitalization or jail or death. (Also if you had hired a lawyer that never showed, this is not your fault.) However, here is some "reality-based" advise: Remember that the judge knows the audience is listenting, and if (s)he accepts your excuse, (s)he's just given dozens of others the green light not to heed the Court's orders also. So as you address the court, make it VERY clear that you appreciate the importance of coming to court. (Actually SAY THOSE WORDS!) Give a reason that does not suggest a CHOICE not to come to court. And a commitment now to address the problem.

For example, if you were so out of it due to your addiction, and now you are sober and trying to take care of the court and any other matters on which you shirked your responsibility due to your "incapacity," you may find the Court willing to dismiss the FTA. From the hint in your question, it's hard to tell if this may be true for you. You must, of course, be truthful in your statements to the Court. If your reasons were less forgivable, just remember to keep in mind what I said about the audience. Don't whine that you had to work or take care of other things. You will never get anywhere telling a judge that ANYTHING is more important. An honest mistake-- miscalendaring a date, thinking it was handled, mistaking one courthouse for another and finding no case at the wrong one-- these are things that cannot be helped sometimes and are not INTENTIONAL. Opting to work so as not to lose your job and your car and house and family IS intentional, even if it sounds reasonable to you.

The length of time since your original appearance date is relevant. Get in as soon as possible.

In any event, take a checkbook just in case. And the letter from your sponsor. You probably won't ever see the inside of the jail.

Re: What is the chance?

For the FTA I expect you'll get a small fine for the expense of issuing the warrant. For driving without a license you'll have to show proof that you have a license. There are some provsions that for driving without a license you must serve some jail time (5 /10/15 days as I recall). However, it doesn't usually work out that way for a first time offender. The jail time can be worked out as weekend(s) clean the park time.