How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Loren Your Own Question
Loren, Attorney
Category: Legal
Satisfied Customers: 28555
Experience:  30 years experience representing clients.
Type Your Legal Question Here...
Loren is online now
A new question is answered every 9 seconds

I have a question regarding California criminal law. If an

This answer was rated:

I have a question regarding California criminal law. If an individual, an adult male, receives a Jaywalking citation, VC 21955 – crossing the street between adjacent intersections controlled by traffic control signal – but he actually violated VC 21462 – walking through a crosswalk against a red traffic light – will the citation be valid, allowing the officer’s mistake?
Thank you for using JustAnswer. I am JudgeLaw and I will do whatever I can to answer your question and provide excellent service.

A citation must give notice of the defendant of the charge against him or her. Therefore, unless the citation is amended then the ticket should be dismissed.

The problem is that the citation can be amended at any time before the prosecution closes its case. So, you need to hope the prosecution does not notice the error before they put on their evidence. They you bring it to the court's attention and request the ticket be dismissed since the proof offered would not be consistent with the violation.

It is my privilege to assist you. Let me know if you need further information.  I hope I have helped you beyond your expectations in the service I have provided to you.  I am here for you.

Please remember to rate my answer when our communication is completed so I will be compensated for my time in providing you with the information you requested.

If you feel the need to provide a low rating, please stop and reply to me via the REPLY button with whatever issue or clarification you may need. I will happily answer your follow-up questions and assist you until I am able to explain the answer to your satisfaction. Please also remember that I cannot control whether the law is favorable to your situation, so please do not penalize me for having to deliver bad news.

Thank you.

Customer: replied 3 years ago.


If the offender pleads not guilty, at what part of the trial, I suppose it would be by judge not jury, would be the point say “of no return” for the prosecution to amend the citation? For instance, if the offender plead not guilty, and he has his hearing before the judge and asks for a dismissal by bringing to his/her attention the error, when does the prosecution lose the opportunity to amend the charge?

The prosecution can no longer amend the citation once it closes its case, after the officer testifies.
Customer: replied 3 years ago.

Please forgive my courtroom ignorance. Then I assume the prosecution presents their case first and thereafter the defense? Would this be the time, after the defense presents it case, that the defendant would ask for a dismissal due to the mistake? Is there any other way to get it dismissed through proper channels other than having to go through a court trial?

No apology is necessary. I realize how confusing this can be.

You make a motion for a directed finding after the prosecution closes its case and the defense (you) are asked to present you case (your defense). Before presenting any testimony or defense evidence, you would ask the court for a directed finding on the basis that the evidence presented by the prosecution failed to prove the violation cited in the ticket.

Thank you.

Customer: replied 3 years ago.

Thank you. I believe this should be the last question on this topic. I assume the motion is presented in writing on a formalized court document, one which I should easily be able to obtain over the Internet?

You do not need to present it in writing. Nor would you want to because you do not want to give notice to the prosecution of the error. Just state it when the judge asks you to present your case after the prosecution rests.
Loren and other Legal Specialists are ready to help you
Thank you for your positive rating of my service to you and your generous bonus. Let me know if you need more help or have future questions. I will be here for you. Just ask for me by name at the start of your question - "JudgeLaw" or use the following link (which you can bookmark in your browser):

Best wishes and good luck to you.

If it is not too much trouble, John, when you receive a Customer Satisfaction Survey from JA/Pearl in a day or two, please do rate me highly (9 or 10). It affects my ability to continue to assist you and other customers on JA/Pearl and would be most appreciated.

Related Legal Questions