Crimes That May Be Charged as Misdemeanors or Infractions
Some crimes can be charged either as an infraction or a misdemeanor. If a crime is charged as a misdemeanor, the judge cannot reduce the crime to an infraction if the prosecutor objects to the reduction. If a person charged with a traffic infraction has had three prior infraction convictions within the prior 12 months, the person can convert the infraction into a misdemeanor by admitting the three prior infraction convictions. In doing so the person will have the rights he would be entitled to with a misdemeanor case such as a right to a jury trial. When a person is charged with a misdemeanor, the prosecutor and the judge cannot reduce the charge to an infraction in order to deny the person charged his right to a jury trial without his consent. Where the district attorney has the right to charge an offense under one of two statutes, one which affords the person charged the right to a jury trial and other which does not, the prosecutor is not required to file the offense under the statute which does not afford the right to a jury trial. If you are arrested or charged with a misdemeanor, contact The Santa Cruz Criminal Defense Attorney Christine McGuire.