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If you have Misdemeanor charges against you what would be the outcome if you hired a private attorney?

Los Angeles, CA |

I have misdimeanor charges and looks like the DA instead of dismissing my case. My lawyer told me they offering me lowering my charges to infraction.. I have a clean criminal record and Ive been frame up by someone. Do i need to fight this until the end or just accept the offer. Do i need to go to trial? If i didnt accept the offer? Or do i need to replace my lawyer i have evidence a proof to win my case.. But looks like my lawyer its only listening to the DA's offer not really fighting my case. I need an in honest answer. thanks

Attorney Answers 6

Posted

Not knowing anything about your case makes it hard for us to answer that question but it is your decision to go to trial and fight or take the offer of infractions. Infractions generally are good offers but you should also think about the cost of going to trial versus taking an infraction and getting done with it.

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Asker

Posted

Yes Atty. i understanf ive been framed up by my ex gf im a victim of a domestic violence in the hands of my EX GF... I couldnt believe why the cops believe them and believe the fake text messages. This is so unfair to me.. And i want justice but instead the cop protected her why because shes a woman?... Not all the woman are always abused.. Justice is so unfair im a tax payer and a good citizen.. I dont even have criminal or traffic violation records.

Sharon Paris Babakhan

Sharon Paris Babakhan

Posted

I hear you, I understand that it's important for you to prove your innocence because you know you didn't do it, if you can afford a trial then again it's your decision to go to trial or not. Justice is not perfect and sometimes some innocent people fall through cracks and get victimized. Good luck.

Asker

Posted

Atty. I was thinking if lets just say i fight this and i won they dismissed my case. But my lawyer told me it is what it is even its dismissed they still see my background records that I have false report but its dismissed. If i accept this offer would the false report will be erased and replaced by an infraction. Because being accused of something i didnt commit is hard to accept. Thanks

Sharon Paris Babakhan

Sharon Paris Babakhan

Posted

It is still going to show the original charge and then the reduction to an infraction. But that's not a criminal conviction. It is a judgment call you must make it yourself, whether to fight or accept an infraction.

Posted

A private lawyer offers you oftentimes more personalized attention on your case but the facts are the facts. A reduction to an infraction may be an appropriate resolution depending on the facts of your case and the particulars.

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Posted

First you have to specify what charges. In general, client is the one that will decide to take the offer or not as only client will suffer the consequences of that decision.
In your situation, if you plead guilty to the charge that is infraction, you would pay the fine but that would be in your record. However, if that is not what you want to do and wish to proceed to trial, you need to communicate the matter and clearly state your decision to your attorney.

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Asker

Posted

If i plead guilty to infraction ... The misdemeanor charges for false report wlll be replace by an infraction? Because this is my first time and i have a clean record and i want to get dismissed..thanks

Sholeh Iravantchi

Sholeh Iravantchi

Posted

Do you know what the infraction would be? There are missing facts in your statements that makes it difficult to have a full picture of your matter. Therefore, it is difficult to give any other response but general.

Asker

Posted

disturbing the peace,,,,

Sholeh Iravantchi

Sholeh Iravantchi

Posted

PC 415- disturbing the peace is not a bad deal. However, you have to make sure that your plea does not state anything about charges of false report. Frankly there is two side to this; sometimes, DA has a week case and they want a conviction, so they offer that, or DA has a strong case, and your attorney did a good job. Again, if you are so convinced that you want to fight the case, that is your decision. But you have to be informed of all consequences that you may face. Hope this was helpful. Best of luck to you.

Asker

Posted

thanks atty. I cannot afford to pay more for my atty. HE can only do reduce my misdemeanor charges to Infraction for disturbing the peace. I will ask if its not stating a false report. So when some employer will ran a background check it will show disturbing the peace infraction not False report?

Sholeh Iravantchi

Sholeh Iravantchi

Posted

You are welcome. As stated you need to read your plea agreement carefully and discuss with your attorney so it only reflects that. Good luck.

Posted

If you are convinced of your innocence, you should fight this case all the way, especially if you believe you have the evidence which establishes your innocence. However you should ensure your evidence is of an exculpatory nature and, to determine that, it should be reviewed carefully by the lawyer of your choice.

Realistically, if you wish to fight this case through trial, you need to retain an attorney who is aware of that and who will agree to try the matter. Your first step should be to consult with some attorneys to secure a consensus opinion of your chances of success. Obviously neither myself or anyone else can give you our opinion on your best course of action without a comprehensive review of your case.

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Asker

Posted

What would be the consequence incase i loose the trial and for this kind of case you think DA will have time to take me into trial?

Neil James Fraser

Neil James Fraser

Posted

It is impossible to answer your question as I don't know what you are charged with, what court you are in, what the evidence shows, both in your favor and against, what negotiations have taken place or who the DA is. An opinion must be based upon a comprehensive review of all pertinent facts and issues of law. Until I am made aware of the details, I cannot provide what you ask for. Myself and many others here on Avvo offer a free initial consultation and you may wish to take advantage of that to discuss your case confidentially. I will be available tomorrow afternoon.

Asker

Posted

Ive been accused of false report to a police officer even im the vitim of an assault...

Posted

An infraction means no jail time and it rarely goes on your record. Better consider how strong your defenses are.

My name is Stephen R. Cohen and have practiced 39+ yrs. I practice in Los Angeles and Orange County, CA. I give only appointments over the phone., these services do not create an attorney client relationship. My answers may offend as I do not believe in pulling punches or sugar coating the truth, I use common sense as well as the law. Other state's laws may differ and I would appreciate it if you feel like marking my answers helpful or best. There are a lot of really good attorneys on this site, I will do limited appearances which are court documents , less expensive.

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Posted

An infraction is usually a great offer and, similar to a traffic ticket, does not affect your future or clean record. It is a fine-only offense, does not have to be reported on employment applications that ask for felony or misdemeanor convictions, and you would not even be placed on informal probation.

How strong is your case? You don't want to roll the dice and lose, then end up with a misdemeanor which WILL affect your clean record. If you have a great case go for it. If it means that much to you go for it. Just be aware that you could end up getting a worse result than the infraction.

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Asker

Posted

If i accept this offer as an infraction for "Disturbing the peace"... My misdemeanor "false report" will be replace as an infraction and pay the fine? But when i apply for future and fill up an application. Actually i got arrested i spend a night in jail for false report. But id didnt commit my ex lied to the cop. So in a future for job application if i accept the offer of infraction. Is that a good offer?

Asker

Posted

My lawyer told me no jail time and no probation. He said the DA wants me to pay the fine... After waiting an agonizing and a very stressful year. My lawyer told me they were offering me an infraction. I hate to say this but justice is not fair im a victim of domestic violence. Not all the woman are victim all the time... thats why a lot of innocent people been convicted and i dont deserve this. I pray every night that god will puniched those liar people... Including my ex gf...

Mari Anita Torres

Mari Anita Torres

Posted

Most job applications that I have seen require people to report if they have a felony or misdemeanor conviction. An infraction is the lowest level of offense, and does not rise to the level of misdemeanor or felony. Also, your charge is being amended from a domestic violence charge (serious in nature) to a disturbing the peace infraction (non-serious in nature). I would consider this a very good deal, but you are the one who has to live with saying "guilty" to disturbing the peace. If you really can't do that, go to trial. However, this is a very good offer.

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