Re: 19 Y.o. Cited For 25658(a);25662(a);272pc California
Ask the officers. But, perhaps your son was fingered as the guy who had the booze and transported them all there. And the minors can't be cited for contributing to their own delinquency.
Also, all because they were not cited (and I doubt you know for sure if they were or were not), that does not mean they won't have to answer for related offenses later.
Because he was arrested for three misdemeanors and under the law they can take him into custody for the offenses.
Why wouldn't they let him walk home when he requested?
When people are arrested and booked into jail, they get put into a holding cell not the lobby.
Why would they detain him in a cell and was this proper procedure?
When people are cited out, they are allowed to go on their way. Unless he was chemically impaired, they had no reason to hold him after he was cited.
/then release him 3 hours later by himself?
Not required for a charge for possession of alcohol and furnishing it to a minor.
Why weren't they tested for ETOH?
Only if he is interrogated AFTER arrest would his rights have to be read - and then, only if the statements were to be used against him in court. Also, there are no magic words that have to be said when the cuffs are slapped on someone. He was advised of why he was arrested when he was cited out. I would venture to guess he was informed a few times before that - whether he was paying attention or not is anyone's guess. Most people ask why they are being arrested a half dozen or so times, and we get tired of telling them so we stop after the second or third time.
He was never read his rights or told he was under arrest.
Probably pretty good. But, it depends on the judge.
Most important to him, if convicted of 25662(a) he is aware he could loose his license...he is employed at an auto shop and must drive as part of his employment...what are his chances of getting a restricted lic for work?
Not directly. At least nothing you've mentioned here.
Will any of these have an impact on his outcome in front of the Judge?
Always a good idea.
He is arranging to speak with a Criminal Attorney next week. We are just looking for info prior to the consultation.
He can expect a fine, alcohol counseling, probation, and a restricted or suspended license if convicted. While jail time for the 272 is possible, it is doubtful.
A Nor Cal Police Sergeant
"Make mine a double mocha ...
... and a croissant!"
Walk humbly with your God
-- Courageous, by Casting Crowns