Wednesday, 31 December 2014

Can a police officer charge me with a MISDEMEANOR for a violation that is actually an INFRACTION?I was "skateboarding in a roadway", the vio...

Question

Can a police officer charge me with a MISDEMEANOR for a violation that is actually an INFRACTION?

I was "skateboarding in a roadway", the violation of which results in an infraction according to Burbank municipal code.

It was on a hill, but I was not speeding or blowing through any intersections. In fact when the officer stopped me I safely slowed down and pulled over.

my pretrial is this Friday.



Answer

It is not the Officer who charges you- it is the DA.



Answer

If the DA wrongly charged you with a misdemeanor your lawyer (and you should have a lawyer if it is a misdemeanor) should point out the error to the court and it will be reduced to an infraction.



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