Legal Question in Criminal Law in California

i recently got a ticket for section 308(a)pc and told this was a misdemeanor should i hire an attorney? will this be on my record forever? can i fix it

Asked on 7/12/12, 6:48 pm

2 Answers from Attorneys

Theresa Hofmeister Theresa Hofmeister, Attorney At Law

I believe if it is a first offense it is an infraction (no jail time) ... double check the charge level. Good luck!

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Answered on 7/12/12, 11:03 pm
Terry A. Nelson Nelson & Lawless

A ticket is a non booked arrest, that like any other arrest goes onto your record forever. If convicted, that too would be on the record forever.

This section can be filed as either a criminal misdemeanor or as a civil action

brought by the prosecutor. Treat yours as a misdemeanor unless you know differently.

You are always entitled to represent yourself in court. Whether you should is a different issue. The conventional wisdom is that an attorney will be able to do a better job and get a better outcome. Prosecutors and judges donít like dealing with ProPers, unless you are simply pleading guilty, not defending the case.

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 the criminal charges and get the best outcome possible, using whatever defenses there may be.

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Answered on 7/13/12, 11:31 am

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