The best way to avoid this outcome is to consult with a California criminal defense lawyer who can help get this charge reduced to an infraction or dismissed altogether. The police can charge you with Vehicle Code VC if you get caught driving in a situation where:. This means that, depending on the circumstances, prosecutors can charge this offense as either a misdemeanor or as a non-criminal infraction. The other subsections of Vehicle Code are infractions…such as driving a motorcycle without a license.
The main factor that the prosecution will consider when deciding whether to charge you with a misdemeanor or an infraction is your driving history. If this is your first offense, they may charge you only with the infraction.
If you have the misfortune of being caught driving without a license while you have a California arrest warrant, a charge reduction may not be so simple. Probation terms can include work release or house arrest terms. Probation sentences are common for VC a convictions but they are not guaranteed. Crimes involving moral turpitude are defined as crimes that are morally wrong or involve deceit.
CIMTs carry special punishments for non U. Note: Immigration law is changing rapidly and if you are charged with any crime, including the crime of driving without a license VC a -M , you should contact a criminal defense attorney or an immigration attorney, or both, without delay.
Other Punishments: In addition to possible jail time, if found guilty of driving without a license, the defendant could suffer any or all of the following: Court fines and fees, loss of the ability to obtain a driver's license in the future, loss of immigration status, loss of a professional license, enhanced punishment for subsequent violations, vehicle impound for up to thirty days, and more.
VC a Defenses. Common defenses or legal justifications for VC a include: necessity, emergency, illegal stop, statute of limitations, mistake of fact, duress , and more. Plea Bargaining: In many cases of VC a the district attorney, or the court, will agree to reduce the criminal charges, or the sentence associated with the criminal charges, if the defendant is willing and able to obtain a valid driver's license.
If you are charged with the misdemeanor offense of driving without a license , or VC a , contact our office today for a free consultation with an experienced criminal defense attorney. Our misdemeanor traffic attorneys are available seven days a week to review your case and discuss your defense options.
Call today! Crime: Driving without a License. Wobbler: No. VC a is not a wobbler. VC a is only charged as a misdemeanor ; however, VC a [ operate a motor vehicle without a valid license ] is charged as an infraction and serves as a common reduced charge to VC a when the defendant obtains a license before conviction.
Probation: Probation may be available in VC a cases assuming other crimes or enhancements that bar a probation sentence are not present. Whether or not a probation sentence is offered by the District Attorney, or granted by the court, depends on several factors, including the defendant's criminal history and the facts of the case.
Work Release or House Arrest: In some cases, a probation sentence can include actual in-custody county jail, house arrest electronic monitoring , or work release or some combination of these penalties ; however, most in-custody jail sentence orders that are required as a terms of probation are much shorter than the maximum jail sentence. Note: More penalties, direct or indirect, may apply.
This info is created for that purpose only; accuracy not guaranteed. If arrested or charged with a crime contact a lawyer without delay. Criminal Defense Lawyers. If you have moved here and are a new resident of California, you will need to provide proof of residency.
See info at: DMV - Residency documents. Driving on a suspended license or driving without a valid California license VC a can also put you at risk for having your car impounded under certain situations so it is very important that you always drive with a valid California drivers license if you live here.
Vehicle Code VC a can be charged as a misdemeanor so if you fail to appear in court and miss your court date, then a warrant for your arrest can be issued. A violation of VC More info. In California, Vehicle Code VC a requires that all California residents who drive a car here must have a valid California drivers license. It is important that :- If you now live in California and have an out of state license you must get a California license If your license is expired you must pay the required fees to the DMV to reinstate your license.
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