Milpitas, CA asked in Criminal Law for California

Q: I am being charged with pc 192(c)(2).Do you think I have a case? Should I hire a laywer or will a Public Defender do?

Early in the morning around 6:25AM (still dusk). while on my way to work, I was approaching an intersection, I saw that all lanes of traffic appeared to be flowing normally. At this point I was probably several hundred feet away. I then noticed the cars directly in front of me were not moving. In lanes 2 and 3 however, traffic was still flowing. I then began merging to the right into lane 3. As I got closer to the intersection traffic in lane 1 started to flow, while traffic in lane 3 suddenly came to a stop. I realized that lane 4 was open so I merged into lane 4. while entering the intersection, that's when the pedestrian suddenly stepped out in front of my vehicle and was struck. Her head was down and she appeared to be completely unaware of her surroundings. Up to this point there was no indication whatsoever that there was ever a pedestrian in the crosswalk. My light was never red. A witnesses statement also corroborates this.

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2 Lawyer Answers
Ali Shahrestani,
Ali Shahrestani,
Answered
  • New York, NY
  • Licensed in California

A: Definitely hire a private attorney if you can afford it. You're facing a very serious issue here, and you may also face a civil suit for damages. I offer representation for both types of matters - criminal and civil. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.

David Dastrup
David Dastrup
Answered
  • Criminal Law Lawyer
  • Torrance, CA
  • Licensed in California

A: Public defenders are real lawyers, and very competent. However, a private attorney will likely take more time on your case, but this will cost more, too. It is your choice. Regardless, you must be concerned with this case and an attorney will help your situation. The judge will not let you go this alone, so you will either have to get a private attorney or quality for the public defender. Either way, you need to consult with your attorney BEFORE the first hearing--do not delay.

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