My husband got a letter in the mail saying that there was a complaint filed by the police department for a violation for 459 PC-F 20001(A) VC-F an 490.5 PC-M. I was wondering how serious these charges are and if he could go to jail for them. Also if i should get him a lawyer for him.
3 Answers from Attorneys
EVERY crime carries potential jail or prison upon conviction. Yes, if you don't know how to represent yourself effectively against an experienced prosecutor intending to convict, then hire an attorney who does, who will try to get a dismissal, charge reduction, diversion, programs, or other decent outcome through motions, plea bargain, or take it to trial if appropriate. If serious about hiring counsel to help in this, and if this is in SoCal courts, feel free to contact me. Iíll be happy to help fight and get the best outcome possible, using whatever defenses and sympathies there may be.
The top charge is felony hit and run. That carries a potential maximum of 3 years in custody, so yes, it's serious. Yes, he needs a lawyer.
The charges are burglary, fleeing the scene of an accident that caused death or serious injury, and petty theft. The first two charges are felonies. (Those crimes can be charged either as felonies or as misdemeanors, but were charged in this case as felonies.) Your husband could be facing several years in prison -- and perhaps a lot more if he has a significant criminal record.
So yes, he needs a lawyer. The court will appoint a public defender if he can't get private counsel. Most PDs are very good lawyers, but they are overworked and usually can't be as thorough as they should be. Your husband will be better off if you can get him a good, private lawyer.
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