Legal Question in Criminal Law in California

I received a ticket (notice to appear for a charge of PC 594) for damaging some property (two approx 10 foot fence boards) in Mackerricher State Park (California). The top of the notice includes three boxes: Non-Traffic, Misdemeanor, and Traffic. The box checked is Non-Traffic. However, further down the notice there is a separate pair of items to the right of the violation. There is an M for Misdemeanor and an i for infraction. Could you shed a little light on this conflicting information?

I have a court date of 12/22/2009. The back of the notice says that appearances are required for Misdemeanor charges, but that infractions can be resolved by paying the bail amount. Is this charge something I will have to appear for?

Let me know if any additional information is needed. Thank you.


Asked on 10/18/09, 9:47 pm

1 Answer from Attorneys
Joe Dane Law Office of Joe Dane

Penal Code section 594 is vandalism - it can be a misdemeanor if under $400 and a felony if over $400. There is another code section that may come into play for you - Penal Code section 640.5 deals with vandalism of government property. It can be an infraction.

Because you were cited for the misdemeanor section, you must appear as directed on the citation. You may have an attorney make the court appearances for you under Penal Code section 977, but this is something you will have to discuss with the attorney you hire. If you're planning on applying for a public defender, you'll have to be there on your cite date.

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Answered on 10/19/09, 9:10 am


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