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  1. #1

    Default Minor Cited For B&P 25658(a); 25662(a); PC 272, in California

    My 19 y.o and friends were caught sitting in local park with 2 other boys 18 years old and 2 girls 16/17 y.o. They were drinking beer. Police took pics of beer cans/statements. My son's vehicle was at the scene. All parents were called, kids released to parents. I work night shift, officer couldn't reach me...he was handcuffed/taken in patrol car/placed in cell around 0100. His car was towed. He then was released around 0430. Given a citation (calif) charged with 25658(a);25662(a);272 PC. He is the only person at the scene who was cited.
    Few questions: Why wasn't anyone else cited? Why wouldn't they let him walk home when he requested? Why would they detain him in a cell and was this proper procedure?/then release him 3 hours later by himself? Why weren't they tested for ETOH? He was never read his rights or told he was under arrest. 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?
    Will any of these have an impact on his outcome in front of the Judge?
    He is arranging to speak with a Criminal Attorney next week. We are just looking for info prior to the consultation.
    Thanks

  2. #2
    panther10758 Guest

    Default Re: 19 Y.o. Cited For 25658(a);25662(a);272pc California

    If he was intoxicated that may be why. Others had parenbts come get them your child had no means home. This means he was a danger to others and himself (if intoxicated) Police could not release him! That is only my opinion b ased on the small amount of info given

  3. #3
    Join Date
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    Default Re: 19 Y.o. Cited For 25658(a);25662(a);272pc California

    Quote Quoting sandybootoby
    Few questions: Why wasn't anyone else cited?
    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.

    Why wouldn't they let him walk home when he requested?
    Because he was arrested for three misdemeanors and under the law they can take him into custody for the offenses.

    Why would they detain him in a cell and was this proper procedure?
    When people are arrested and booked into jail, they get put into a holding cell not the lobby.

    /then release him 3 hours later by himself?
    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.

    Why weren't they tested for ETOH?
    Not required for a charge for possession of alcohol and furnishing it to a minor.

    He was never read his rights or told he was under arrest.
    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.

    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?
    Probably pretty good. But, it depends on the judge.

    Will any of these have an impact on his outcome in front of the Judge?
    Not directly. At least nothing you've mentioned here.

    He is arranging to speak with a Criminal Attorney next week. We are just looking for info prior to the consultation.
    Thanks
    Always a good idea.

    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.

    - Carl
    A Nor Cal Cop Sergeant

    "Make mine a double mocha ...
    And a croissant!"


    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns

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