Legal Question in Criminal Law in California

647 (a) pc

I was booked and released w/ a $500 bail for a 647 (a)pc charge. Basically I picked up a girl on the street and was caught with her in the act. I live in Chicago and will be flying back in a couple weeks(Before my court date). My court date is on sep 4th and it will be difficult to get back for the date. What is the likely hood that I could just have an attorney represent me without my being there. What is the usual penalty for this kind of charge?


Asked on 8/10/03, 10:50 am

4 Answers from Attorneys

OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: 647 (a) pc

I would be able to appear for you. You will never have to see the courtroom. I'll resolve the matter for an acceptable fine. Call me directly at (619) 222-3504.

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Answered on 8/12/03, 1:35 pm
Wayne Wisong Wayne Wisong, Attorney at Law

Re: 647 (a) pc

647(a) does not appear to be a big deal. The maximum penalty appears to be whatever fine the court in question sets under its bail schedule, plus, possibly, an additional $70. You should call the court clerk's office to see if this is really a mandatory appearance. You may have the option of simply entering a guilty plea, just as a traffic ticket, and paying the fine from your bail. If not, you should contact a criminal attorney in the area of the court and see if he can get arraignment waived (if that is what this appearance is), and proceed to try to negotiate a plea bargain. However, if it does come to a trial, you will have to travel there or risk an arrest warrant issuing and forfeit of your bail. But, the good news is this does not by itself appear jailable if you otherwise have a clean record.

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Answered on 8/10/03, 1:11 pm
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: 647 (a) pc

Penal code section 647 (a) misdemeanor and the penal code provides that a defendant can appear by attorney. The maximum penalty for a misdemeanor is 12 months in county jail and a $2,000 fine, in addition to the fine there is a penalty assessment of 175% that is added to the amount to be paid. Both the fine and the jail sentence may be imposed by the court. The penalty would depend upon the particular county and judge, and the facts of your case. If this is your first offense and you have a clean record, it is unlikely that a jail sentence would be imposed.

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Answered on 8/10/03, 1:20 pm
Robert Miller Robert L. Miller & Associates, A Law Corporation

Re: 647 (a) pc

Thank you for your posting.

California law (Penal Code section 977(a)) allows an attorney to appear for you for all purposes in a misdemeanor case.

An attorney can certainly represent you, and if your case is in one of the courts I practice in, I would be more than happy to handle this for you without you flying here.

As far as the penalty, every crime has a minimum and a maximum. What a judge, or a DA, will offer is typically based upon your record (or lack of one), and the conduct described in the police report (which neither you nor I have yet).

The minimum for this crime is typically a $100 state victim's restitution fund contribution, an order to stay away from the area where this occurred, an aids test, an aids prevention class, and three years of probation. The maximum is all of the provisions I've listed, plus up to one year in county jail, and up to a fine of $1,000 plus a penalty assessment.

I hope that this information helps, but if you have further questions, need more information, or would like legal representation, please feel free to email me directly at [email protected]. I am more than happy to help in any way that I can.

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Answered on 8/10/03, 2:27 pm


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