California Codes

Cal. Penal Code § 19.6 (2026)

✓ current as of May 2026
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An infraction is not punishable by imprisonment. A person charged with an infraction shall not be entitled to a trial by jury. A person charged with an infraction shall not be entitled to have the public defender or other counsel appointed at public expense to represent him or her unless he or she is arrested and not released on his or her written promise to appear, his or her own recognizance, or a deposit of bail.

Notes of Decisions
Cited in 16 cases, 1992–2020 · leading case: People v. McKay, 41 P.3d 59 (Cal. 2002).
People v. McKay, 41 P.3d 59 (Cal. 2002). · cites it 2× “" (Pen.Code, § 19.6.) It is a fine-only offense subject to the Vehicle Code's cite-and-release "honor system, requiring the good faith and cooperation of the person cited.”
People v. Monroe, 93 Cal. Daily Op. Serv. 700 (Cal. Ct. App. 1993). · cites it 2× “(Pen. Code, § 19.6; see Review of Selected 1968 Code Legislation (Cont.”
People v. DiSandro, 186 Cal. App. 4th 593 (Cal. Ct. App. 2010). · cites it 2× “4 For example, Penal Code section 19.6 specifically states that a person charged with an infraction does not have a right to appointed counsel or a trial by jury.”
People v. Walker, 237 Cal. App. 4th 111 (Cal. Ct. App. 2015). “Although a person charged solely with an infraction is not entitled to a jury trial (Pen. Code, § 19.6), when the infraction is accompanied by a felony or misdemeanor charge and a jury trial is not waived, the court may order all offenses tried together (Pen.”
United States v. James D. Soderna, 82 F.3d 1370 (7th Cir. 1996). “,- Cal. Penal Code §§ 19.6 , 19.8 (no jury trial for "infraction,” which is defined as an offense for which there can be no imprisonment and for which the maximum fine does not exceed $250); Colo.”
United States v. Landa, 642 F.3d 833 (9th Cir. 2011). · cites it 2× “Cal.Penal Code § 19.6. The penalty actually imposed on Landa was 18 months' probation, to terminate immediately upon the payment of $665.”
People v. Cortez, 189 Cal. App. 4th 1436 (Cal. Ct. App. 2010). “(Pen. Code, §§ 19.6, 19.7.) And all three categories of offenses are considered “crime[s] or public offense[s].”
People v. Sekhon, 237 Cal. Rptr. 3d 589 (Cal. Super. Ct. 2018). “For example, Penal Code section 19.6 specifically states that a person charged with an infraction does not have a right to appointed counsel or a trial by jury.”
People v. Williams, 92 Cal. Daily Op. Serv. 1477 (Cal. Ct. App. 1992). “(Pen. Code, § 19.6.) When a person is arrested for an offense declared to be an infraction, the person is ordinarily released after the officer prepares a notice to appear and the person arrested gives his written promise to appear in court as specified in the notice.”
People v. Kus, 219 Cal. App. Supp. 4th 17 (Cal. App. Dep’t Super. Ct. 2013). “A person charged with an infraction shall not be entitled to have the public defender or other counsel appointed at public expense to represent him or her unless he or she is arrested and not released on his or her written promise to appear, his or her own recognizance, or a…”
People v. Hanania CA1/2 (Cal. Ct. App. 2014). · cites it 2× “” (Pen. Code, § 19.6; see also 3 People v. Kus (2013) 219 Cal.”
People v. Sekhon (Cal. Ct. App. 2018). “For example, Penal Code section 19.6 specifically states that a person charged with an infraction does not have a right to appointed counsel or a trial by jury.”
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