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Accidents – Frequently Asked Questions

What is a misdemeanor?

In California, a misdemeanor is a non-indictable criminal offense, where the maximum sentence is no more than one year in jail. Misdemeanors in the US are as less serious than a felony, but more serious than an infraction.

What is my penalty?

Every case is different, however most cases can result in a fine between $900-$3,000 and run the risk of 6 months jail time, paired with up to 3 years of probation.

Why do I need an attorney to handle my Misdemeanor?

Misdemeanor cases are vastly different as there is a long list of crimes that are classed as misdemeanors. This means that every case is unique and will require an attorney to have the knowledge of what to do in your specific circumstances. Having an attorney can help with the various court proceedings that will follow being charged with a misdemeanor. An attorney can do things such as recall a warrant or represent you in court to negotiate with the prosecution to find the best resolution for you. 

RoadJustice California, Frequently Asked Questions, Misdemeanors

California Warrants – Frequently Asked Questions

I missed my court date and I have a warrant, what should I do?

Depending on the kind of case you have, generally the warrants are there so that the police can take you to court so that a judge can make a decision in regards to your case.
Before this happens, you should seek legal council to represent you during this process.

How do I know if I have a warrant?

If you miss your court date for any misdemeanor or felony a warrant for your arrest will be issued. 

How important is it to have representation in the event I am issued a warrant?

In the event of any arrest in which you do not appear for a court hearing date the court will issue an arrest warrant.

You are advised to have an experienced attorney to recall your warrant and resolve your case in your favor. Without representation this might result in severe consequences. 

Once you or your attorney appear in court the warrant will be recalled and quashed afterwards there would be a new hearing for a future date in which the case can be settled. 

RoadJustice California, Frequently Asked Questions, Suspended License

California Suspended License – Frequently Asked Questions

Why did my license get suspended?

There are four categories of offenses that result in a license suspension.

  1. Excessive Points (4 or more points within 1 calendar year.)
  2. DUI
  3. Medical Reexamination
  4. Lack of Knowledge (In regards to traffic laws)

How do I get my license unsuspended?

By contacting the Driver Safety section of the DMV to request a hearing within a limited period of time.

Why do I need an Attorney to handle my suspended license?

There are many reasons why your license can be suspended. For things like failure to appear, excessive points/negligent operator, DUI or others. It is advised to seek legal council for these proceedings so that you have proper guidance. An attorney can appear in court for you or contact the DMV to resolve these problems as quickly as possible.

RoadJustice California, Frequently Asked Questions, Suspended License

California Misdemeanors – Frequently Asked Questions

What is a misdemeanor?

In California, a misdemeanor is a non-indictable criminal offense, where the maximum sentence is no more than one year in jail. Misdemeanors in the US are as less serious than a felony, but more serious than an infraction.

What is my penalty?

Every case is different, however most cases can result in a fine between $900-$3,000 and run the risk of 6 months jail time, paired with up to 3 years of probation.

Why do I need an attorney to handle my Misdemeanor?

Misdemeanor cases are vastly different as there is a long list of crimes that are classed as misdemeanors. This means that every case is unique and will require an attorney to have the knowledge of what to do in your specific circumstances. Having an attorney can help with the various court proceedings that will follow being charged with a misdemeanor. An attorney can do things such as recall a warrant or represent you in court to negotiate with the prosecution to find the best resolution for you. 

RoadJustice California, Frequently Asked Questions, Misdemeanors

California DUI – Frequently Asked Questions

Being charged with a DUI in the state of California can be a tiresome process where you must fight for your right to drive.
In California, all DUI cases have a set of processes split into two segments. Those segments go through the DMV and court systems.
During the court process you have until your court date to start the various necessary proceedings to figure out how you will structure your case and whether or not you should seek legal council.

What happens now that I've been charged with a DUI in California?

For the DMV system you have 10 days to schedule a DMV hearing to prevent the suspension of your drivers license. This will place a stay on your suspension until your hearing proceeding is completed.
Following this, a hearing officer will make a decision based on the findings of your case.

Am I going to jail?

After the initial processing following the charge of DUI there is no jail time until the case has been fully adjudicated. The various factors in each individual case will determine the severity of your sentencing.
With the proper representation, you may end up not having to serve any jail time.

How much will my fine be?

The initial fine is $390, with the penalty assessment going up to $1,600.

How will this affect my driving record and ability to drive?

Following a DUI, you may receive a notice of suspension for a period up to 4 months mandatory suspension, followed by 3 months of restricted driving.

To be granted the ability to be a restricted driver, you must process an appeal with the DMV showing the following:
1. Proof of enrollment in alcohol rehabilitation classes.
2. SR22 form (Financial Responsibility/Insurance). These can be acquired by contacting an insurance agent.
3. $125 DMV fee for a restricted license
4. Have an IID (Ignition Interlock Device) installed in your car. You may also be required to keep the IID installed in your car for a period of time that exceeds the original period of being a restricted driver.

How important is it to have representation for DUI's?

DUI cases are advisable to have an attorney by your side because the arresting officer may not follow protocol of arrest. In these situations the attorney can help you navigate the legal procedures to result in less severe penalty.

How long is the court process?

The duration of these cases in court may take up to one year due to the specific issues involved surrounding the arrest. The normal procedure for DUI is around 4 months.

RoadJustice California, DUI (Driving Under the Influence), Frequently Asked Questions