RIGHTS OF THOSE ACCUSED OF AN INFRACTION

The following is a description of the unique rights and procedures for those accused of an infraction.

WHAT IS AN INFRACTION?

Infractions are typically minor violations of law, including traffic infractions.  An infraction is less serious than a misdemeanor and may not technically be considered a crime, depending on the circumstances.  A person who commits an infraction will usually get a ticket or citation.  Loss of liberty or jail time is not typical with infractions.

However many infractions may lead to other consequences such as loss of driving privileges or substantial fines.  Some of the most common infractions are moving violations, petty theft under certain circumstances, and disturbing the peace offenses.

For example, if you enter a guilty plea to a traffic infraction it may result in the loss of your driving privilege depending upon the facts of your case. It is wise to consult with a lawyer prior to deciding whether to plead guilty when faced with an infraction.

BAIL

Since bail is only offered to accused in custody and individuals accused of infractions are seldom taken into custody, bail is rarely set for those accused of infractions of the law.

SPEEDY TRIAL

If you are charged with an infraction and you are out of custody at the time of your arraignment, you have a right to a trial within 45 days of your arraignment date. If you are in custody at your arraignment, you have a right to your trial within 30 days of your arraignment date. This right can be waived in order to give your defense counsel more time prepare for trial.

INFRACTION TRIAL

A defendant accused of an infraction of the law does not have a right to a jury trial, meaning the trial will be conducted before a judge.  If the court finds the defendant guilty of committing an infraction, the court will set forth the punishment immediately after the verdict.