The California criminal court system is divided into three types of cases. Each case is a violation of the law and any person can be charged with individual or multiple charges. The types of cases used are infractions, misdemeanors and felonies. The average person will be most familiar with infractions. These include minor traffic violations that require the payment of a predetermined fine amount and there is no incarceration time required.
The charges become more severe for offenses that do not fall into the category of infractions. A misdemeanor carries much stiffer fines and penalties when laws are suspected of being broken. Most misdemeanor convictions can be punishable from six months to a year in a county jail and up to a $1000 fine. A DUI offense is typically charged as a misdemeanor, but can be upgraded to a more serious charge depending on the details of the offense.
Driving with a suspended license is also a misdemeanor charge. The DMV keeps a record of each conviction of an infraction or misdemeanor charge and can present this information for use in a DMV hearing or court case. A repeat offender of DUI or driving under a license suspension will have more severe fines or penalties and face additional charges.
The most severe type of criminal case is a felony charge. A felony charge can result from multiple DUI offenses within a period of 10 years, injuries or deaths related to a new DUI offense. These cases are extremely complex and are a major disruption to the driving history of a driver previously convicted of or facing a felony charge. Consulting with experienced attorneys can help you to understand the complexities surrounding your unique misdemeanor or felony charge.
A misdemeanor can also be charged as a felony in certain situations. These criminal offenses are known as wobbler charges. Any person with or without a criminal record can be charged with a wobbler. An example wobbler charge is DUI offense that includes an injury. Every circumstance is different and will be reviewed by the county District Attorney and a determination will be made to upgrade a misdemeanor to a felony charge.
Traffic misdemeanors have the potential to lead to the suspension of your driverâ€™s license. At Traffic Ticket Justice we can help you with these misdemeanors, no matter where in California you are.