Legal Question in Criminal Law in California

Re: misdemeanor hit & run

I hope Your Friend's BF is less fatalistic than you. Why would he want a public defender? Doesn't he care about having a criminal record? Does he know that with a criminal record he'll never ever be able to get a job? Is he aware that using the public defender instead of a private attorney virtually assures he'll be convicted of a crime? If he really has "no priors," he needs to get up off of it and fight these charges tooth and nail.

Why do you think "the case appears strong"? Are you a lawyer, or did you just stay at a Holiday Inn Express last night?

And what about this idiot girlfriend that didn't even call her insurance company or report the accident to DMV???

Re: misdemeanor hit & run

He should not assume he has to plead "no contest" (if you plead "no contest," the judge then finds you guilty). If unrepresented by an attorney, he should get a lawyer. He can tell the judge he needs time to find a lawyer, and the judge will set a new hearing date. I'm not against public defenders (the price is right), but many are overworked. It depends on whether your boyfriend can pay for a good private attorney. In any case, he should have a lawyer examine (and explain) all the options before taking any deals that result in a criminal record.

www.duilawyercalifornia.org

Re: misdemeanor hit & run

As the owner of the vehicle she has financial responsibility. She should immediately report the accident to her insurance company. The driver should consult with his attorney before making any statements to the insurance company etc.

Re: misdemeanor hit & run

I believe you are jumping to conclusions, unless you have more information than you've provided.

First, you said your boyfriend is gainfully employed so instead of waiting around for the DA to gather everything they can against him, why isn't he out looking for an attorney.

In order to have a public defender appointed to a case the defendant must qualify and that generally means making very little money.

Your boyfriend needs an attorney. Public defenders can be very good however they are generally overworked and can not give a case the kind of time it needs. On Dec/3 your boyfriend does not have to enter a plea, he can ask the judge for more time in order to retain counsel. Most judges will give a defendant at least one continuance. He does not need to enter a plea especially without advice of counsel. If he decides to use a public defender and he qualifies for one then he needs to spend some time talking with the PD regarding his options.

For your information a plea of "no contest" in California is virtually the same as entering a guilty plea. The difference is that "no contest" enters a guilty plea for the purposes of sentencing only and therefore the defendant is not admitting to the charges pending. However, for sentencing it is the same as a guilty verdict.

I suggest your boyfriend request more time at the court appearance on December 3. Then I suggest that he start searching for an attorney and get some good legal advice. He needs it. Once he gets an attorney he can ask about the questions regarding the ownership of the vehicle and any possible liability related to her.

Good luck