Every crime in California is defined by a specific code section. Our attorneys explain the law, penalties and best defense strategies for every major crime in California.
Crimes by Code
Every crime in California is defined by a specific code section. Our attorneys explain the law, penalties and best defense strategies for every major crime in California.
California DUI
DUI arrests don't always lead to convictions in court. Police officer mistakes, faulty breathalyzers and crime lab errors may get your charges reduced or dismissed. Visit our California DUI page to learn more.
Post Conviction
A criminal record can affect job, immigration, licensing and even housing opportunities. In this section, we offer solutions for clearing up your prior record.
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The answer to this question depends on what you mean by “driving without a license.”
First, let’s say you actually have a valid driver’s license–but you forget it at home and end up getting stopped by a CHP or other law enforcement officer. This actually is a crime — California Vehicle Code 12951 VC failure to display a license.
However, failing to show a driver’s license, where you simply forgot your license at home, is only a California infraction. It carries a maximum potential fine of two hundred fifty dollars ($250). Not only that, but if you can show the court that you did have a valid license at the time of your arrest, then in most cases you can get the charge dismissed.
Second, let’s say you were caught driving at a time when you actually did not have a valid driver’s license. Maybe you’d never obtained a license, or maybe your license expired and you did not get around to renewing it.
In that case, you can be charged with Vehicle Code 12500 VC driving without a license. This crime in most circumstances is a California misdemeanor. It carries up to six (6) months in county jail and/or a fine of up to one thousand dollars ($1,000).
Finally, let’s say you drive without a valid license–and the reason is that your license was suspended or revoked for a particular reason (like a DUI conviction). This is the crime of Vehicle Code 14601 VC driving on a suspended license.
Driving on a suspended or revoked license is a misdemeanor. But the penalty scheme is complicated and depends on why your license was suspended in the first place. More details can be found in our page on penalties, punishment and sentencing for driving on a suspended license.
And if your license was suspended for a DUI conviction, there is a good chance that a driving on a suspended license charge will result in a probation violation in your DUI case. (See our related article, California laws for driving without a license versus driving without a license in possession.)
A former Los Angeles prosecutor, attorney Neil Shouse graduated with honors from UC Berkeley and Harvard Law School (and completed additional graduate studies at MIT). He has been featured on CNN, Good Morning America, Dr Phil, Court TV, The Today Show and Court TV. Mr Shouse has been recognized by the National Trial Lawyers as one of the Top 100 Criminal and Top 100 Civil Attorneys.
A writ of coram nobis is a court order in a criminal proceeding that allows a trial court to reconsider a verdict upon the discovery of new facts that were not available during trial. You typically bring one by filing a petition for writ of coram nobis with the court that convicted you and sentenced ...
There are five common types of alternative sentencing in California criminal cases. These are community service, home detention, drug diversion programs (per Penal Code 1000), drug treatment programs (per Proposition 36), and probation. As to the latter, California law allows for either: misdemeanor (or summary) probation – for misdemeanor offenses, or felony (or formal) probation ...
Pupils who habitually miss school in Nevada face: fines, community service, and driver’s license suspensions. Pupils may also face consequences from their schools, such as detentions, poor grades, suspension, or expulsion. Being a child “in need of supervision” due to Habitual Truancy Juvenile delinquency and DMV penalties First time Up to $100 in fines (plus ...
An indeterminate sentencing structure is one where a sentence for a criminal offense is given as a range. For example, a defendant could be sentenced to “15 years to life in prison.” With an indeterminate sentence, a minimum prison term is always given but a release date is left open. The specific date of release ...