Fremont, CA asked in Criminal Law for California

Q: PC 666.5 with a prior. I never got stop driving or in a car in Nov. 2018 .how can they charge me?

Never got a ticket and don't own a car,,plus I don't have a driving license .

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2 Lawyer Answers
Dale S. Gribow
Dale S. Gribow
Answered
  • Criminal Law Lawyer
  • Palm Desert, CA
  • Licensed in California

A: More info needed to evaluate how they could arrest you, but here is the code section.

666.5. (a) Every person who, having been previously convicted of a felony violation of Section 10851 of the Vehicle Code, or felony grand theft involving an automobile in violation of subdivision (d) of Section 487 or former subdivision (3) of Section 487, as that section read prior to being amended by Section 4 of Chapter 1125 of the Statutes of 1993, or felony grand theft involving a motor vehicle, as defined in Section 415 of the Vehicle Code, any trailer, as defined in Section 630 of the Vehicle Code, any special construction equipment, as defined in Section 565 of the Vehicle Code, or any vessel, as defined in Section 21 of the Harbors and Navigation Code in violation of former Section 487h, or a felony violation of Section 496d regardless of whether or not the person actually served a prior prison term for those offenses, is subsequently convicted of any of these offenses shall be punished by imprisonment in the state prison for two, three, or four years, or a fine of ten thousand dollars ($10,000), or both the fine and the imprisonment. (6393)

(b) For the purposes of this section, the terms "special construction equipment" and "vessel" are limited to motorized vehicles and vessels. (6394)

(c) The existence of any fact which would bring a person under subdivision (a) shall be alleged in the information or indictment and either admitted by the defendant in open court, or found to be true by the jury trying the issue of guilt or by the court where guilt is established by plea of guilty or nolo contendere or by trial by the court sitting without a jury. (6395)

ask for a public defender or retain a private lawyer to go over the facts and how the DA can proceed with the facts presented............

Marc David Pelta agrees with this answer

Marc David Pelta
Marc David Pelta
Answered
  • Criminal Law Lawyer
  • San Francisco, CA
  • Licensed in California

A: More information is needed. If you would like to consider hiring a private criminal defense attorney -- which always has its benefits because public defenders (if you get one) are overworked and not able to give clients the kind of attention a private attorney can -- then please go ahead and make the appointment to get your question answer correctly by an experience attorney in criminal defense.

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