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I have been charge with case vc2800.2 and i have a court hearing on august 13? what should i do.

San Diego, CA |

ok, i did a stupid mistake when i saw a police hiding on highway 15 and he saw me doing 85mph at night coming from work going back home at night and because he was slow getting into the traffic, i thought i could outran him in my bmw 330i so i hit the pedal to the metal, i switch lanes and was able to get way until later after not seeing the cops at all because i thought i have lose him so i slow down and within a minute i saw the cops behind me and flash high light so i pull over and everything was over and minute i know that i was handcuff and was on my way to jail and my car was impounded. i never been in any trouble nor have i been to jail or prison, this is my first charges since i came to america in 11years, what can i do, i already spend 14hours in jail n got out on bond, 50000 bond

Attorney Answers 7


  1. What court house is it out of? Are you a US Citizen?


  2. Call David Shapiro. He'll know what to do.
    http://www.sandiegocriminalattorneyatlaw.com/

    This response is NOT legal advice and we do not have an attorney client relationship. You should only follow legal advice from your own attorney.


  3. The first thing you need to do is refrain from speaking about the facts of your case to anyone but a defense attorney. This is to ensure you don't say anything that you'll later come to regret. However, what you say to a defense attorney is privileged and can't be used against you. Most defense attorneys offer free consultations, so there's no harm in speaking with them to see if any particular one is a good fit for your case.

    Law Office of Andrew Limberg, APLC 380 S. Melrose Dr., #329 Vista, CA 92081 (760) 806-4381


  4. You should speak to experienced criminal attorneys over the phone or in person regarding your situation as many offer free consultations. You are facing felony charges and possible jail time and should strongly consider retaining a lawyer to handle your case.

    David M. Boertje, Esq.
    (619) 229-1870
    www.boertjelaw.com

    *Please note that this is not legal advice and in no way formed an attorney-client relationship*


  5. This is a tough one. The statute reads as follows:

    Evading a Peace Officer: Reckless Driving

    2800.2. (a) If a person flees or attempts to elude a pursuing peace officer in violation of Section 2800.1 and the pursued vehicle is driven in a willful or wanton disregard for the safety of persons or property, the person driving the vehicle, upon conviction, shall be punished by imprisonment in the state prison, or by confinement in the county jail for not less than six months nor more than one year. The court may also impose a fine of not less than one thousand dollars ($1,000) nor more than ten thousand dollars ($10,000), or may impose both that imprisonment or confinement and fine.

    (b) For purposes of this section, a willful or wanton disregard for the safety of persons or property includes, but is not limited to, driving while fleeing or attempting to elude a pursuing peace officer during which time either three or more violations that are assigned a traffic violation point count under Section 12810 occur, or damage to property occurs.

    BASICALLY, this is is a MISDEMEANOR charge. There are not many misdemeanor charges in the Vehicle Code but this is one one of them.

    Your first hearing should be an Arraignment, where you plead guilty or not guilty. If you plead to the judge (and the judge should be willing to give you an indicated sentence) the judge will tell you what sentence you would receive.

    In my 15 years of legal experience, I have found that in a case such as this one it is better to have an attorney appear for you and plead not guilty. Then, your attorney will be dealing with the District Attorney.

    As your attorney deals with the District Attorney, it is more likely that you can obtain a "plea" that is less severe than what the judge would impose. For example, the DA may just want a fine and for you to attend traffic school. If you have to do time in jail, it can be worked out where you do time at home via "home detention" with an ankle bracelet. This is all better than doing 10 or 30 days in in jail.

    If I were you, I would hire an attorney....you would end up better, based on my experience.

    Tim Liebaert, Esq.


  6. I agree with my colleagues. You many be looking at some serious jail time. In addition, if you are not a U.S. citizen, you may be facing removal proceedings. I strongly suggest that you contact an experienced criminal law attorney for a face-to-face consultation and give him/her all of the facts surrounding your arrest. He/she would then be in a better position to analyze you case and advise you of your options.

    Legal disclaimer: The answer provided is general in nature and because not all facts are known, it should not be construed as legal advice. The answer does not create an attorney/client relationship. You should speak to an attorney for further information.


  7. Hire the best locally experienced criminal defense attorney you can afford, and stop making statements about your case to anyone but an attorney (preferably not the DA or judge).

    You have too much riding on this to settle for anything but high quality representation, and from your car and ability to post 50k bond you should not qualify for appointed counsel.

    Law Offices of David Shapiro 3555 4th Avenue San Diego, CA 92103 (619) 295-3555

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