Legal Question in Criminal Law in California

Re: suspened license

If you want to discuss hiring an attorney to represent you to defend the charges, please contact me at 714-960-7584. A little knowledge is a dangerous thing; I wouldn't advise you to represent yourself if you have to ask what to do in court.

Re: suspened license

Plead not guilty at the first court appearance,if you are unable to hire an attorney to represent you. This will give you time to hire an attorney to represent you.

You need to retain an attorney to represent you in this matter. The charges against you can result in county jail time, a substantial fine, and loss of driver's license.

Public defender

Wait until you speak with the Public Defender before you make any choices. The PD will have the police reports and court documents, thus will be more informed to make an intelligent decision. Asking for advise from someone who has not read the reports is like spitting in the wind.

Re: suspened license

You won't know what's in the report until you get to court and get arrainged. As for loopholes, sometimes these cases can be handled in such a manner so you will not be treated to harshly. Basically, you violated a term of probation by driving on a suspended license, so you can expect some punishment such as a fine, community service or Cal-Trans work. Jail time is a remote possiblity. Be careful and good luck.

Re: suspened license

My esteemed collegues each raise valid points. I add my own reply because it seems you've gotten pieces of the puzzle, and I'd like to try and put it together for you.

First, you now have two problems: (1) the new case of CVC�14601.2 (driving on a license that was suspended for DUI); and (2) a violation of probation on the DUI case, IF the driving occurred AFTER you were CONVICTED of the DUI (not if the case was still pending).

The law sets out a mandatory minimum sentence of either 10 or 30 days on a first 14601.2 (memory lapse here, pretty sure 10), but this is ususally performed by some alternative to actual jail, such as CalTrans (OC, LA CO) or Tree Farm (SB, LA), house arrest (RIV CO), etc.

However, depending on the county you are in, and on the facts of your case (whether the report mentions your incriminating statements about having the requisite knowledge of your crime), you (your attorney) may be able to negotiate a plea to a lesser charge (12500 VC or 14601.1 or 14601.5, any of which carry lesser punishments than .2 . Your probation violation, if any, may be "packaged" with the new case, so that your punishment is no greater. Your real danger of jail time is that PV. A court might be offended by the conduct and sentence you to jail time-- say 30 days, if this is your first violation. Understand, these are estimates, but pretty accurate. It is also possible that a Court might not impose additional punishment for the PV. It depends on several factors, including dumb luck.

I agree that you may be well-served by going with the PD first to see whether you are comforatble with the deal (s)he offers you. If not, simply ask for more time and hire a private attorney thereafter. If, however, you can afford an attorney, hiring one before your arraignment will mean that you can avoid the headache of having to spend your days in court hassling with this yourself. It's not rocket science, but there are some things to be done to help you avoid any unpalatable consequences.

If you need further assistance, don't hesitate to call or email. (800)515-0233, [email protected]. I wish you the best of luck.

Kindest regards,

JACQUELINE GOODMAN RUBIO

Attorney at Law