Legal Question in Criminal Law in California

Re: Section V20002A

If there were no injuries, then there was no violation of the statute. Plead Not Guilty, and be prepared to go to trial.

Maximum sentence:

1) Except as provided in paragraph (2), any person who

violates subdivision (a) shall be punished by imprisonment in the

state prison, or in a county jail for not more than one year, or by a

fine of not less than one thousand dollars ($1,000) nor more than

ten thousand dollars ($10,000), or by both that imprisonment and

fine.

(2) If the accident described in subdivision (a) results in death

or permanent, serious injury, any person who violates subdivision (a)

shall be punished by imprisonment in the state prison for two,

three, or four years, or in a county jail for not less than 90 days

nor more than one year, or by a fine of not less than one thousand

dollars ($1,000) nor more than ten thousand dollars ($10,000), or by

both that imprisonment and fine. However, the court, in the

interests of justice and for reasons stated in the record, may reduce

or eliminate the minimum imprisonment required by this paragraph.

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Re: Section V20002A

You should definitely consider hiring an attorney. The penalties are usually (for first offenders with no injuries) a fine and probation. Often a civil compromise can be worked out and the defendant faces no addittional criminal penalties. We have worked out many of these in the past. Give us a call for a free consultation.

Re: Section V20002A

The matter will probably be filed as a misdemeanor. The maximum penalties would be six months in the county jail and $1,000.00 fine. Depending on the facts (and in the law everything does) you might be able to have the matter civilly compromised. That means make the other party whole. It appears from your facts that you may have done that. And the case is dropped.

The matter will probably be somewhere between these two extremes. A fine of say $400.00 plus a penalty assessment (the fine x 170% in Orange County and varies in other counties) and help clean a park for a couple of weekends.

Re: Section V20002A

it is extremely advisable to obtain legal representation for ANY court appearrance. Although you say that the damages have been paid, this in and of itself does not make the criminal case disappear. It is the prosecutor that makes the determination as to whether a criminal case wil be filed. As such, it is always wise to have an attorney appear for you. As for the other question, the penalties can be quite severe. They can include up to six (6) months in county jail and fines and penalties totalling approximately $1500.00

If interested in obtaining more info about this type of situation, please feel free to call me at (818) 398-3788