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What Happened to My Misdemeanor

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  • 01-19-2011, 03:24 PM
    xero87
    What Happened to My Misdemeanor
    My question involves criminal law for the state of: California

    I didn't know where else to put this, so I figured this might be the best place.

    A few years ago on the 4th of July around 2008 I believe, I was hanging out with some friends at someone's house and we were lighting fireworks. They had illegal fireworks at the time, and I made the mistake of deciding to light one of the fireworks (small bottle rocket) to see what it was like. At that very moment, local Police department (This is in Southern California btw) cruiser drives by and stops us after seeing myself and a few others. Everyone in the group stood back as the officers asked for IDs. Everyone stood back and left me hanging, and I was obliged to give mine up. So I got slapped with the ticket for what turned out to be a misdemeanor (as written on the ticket).

    A few months later, I showed up in the city superior court on the written court date to find out what was going on. It turned out that the DA did not have my case on file, and the secretary informed me that once the case was processed, I would receive a letter. I didn't know if I should be worried or relieved at the time.

    Is it possible that the police officers just wanted to give me a scare, and not actually turn in the ticket? Would the case still be "pending", in which case, it would affect my job seeking? Or could the charges just have been dropped?
  • 01-19-2011, 03:44 PM
    That Guy
    Re: What Happened to My Misdemeanor
    Contact the court and ask them about the status of your case! Only they can give you a definitive answer.
  • 01-19-2011, 03:55 PM
    xero87
    Re: What Happened to My Misdemeanor
    Could I possibly be opening up Pandora's box if I do so? I haven't gotten into any trouble with the law ever since it happened.
  • 01-19-2011, 04:20 PM
    That Guy
    Re: What Happened to My Misdemeanor
    Quote:

    Quoting xero87
    View Post
    Could I possibly be opening up Pandora's box if I do so?

    They have 1 year to file a misdemeanor case (before the statute of limitations expires)... So *if* the citation was eventually filed, it is possible that a warrant was issued for your failing to appear (regardless of whether you received notice). So you can contact the court to make the inquiry or you can risk the chance of that Pandora's Box possibly opening up on its own at a most inconvenient and unexpected time.
  • 01-19-2011, 04:24 PM
    xero87
    Re: What Happened to My Misdemeanor
    I see. Thanks for the information. It would, then, seem to be a wiser choice to inquire about it.

    Iif the case was never filed, would it still appear on my background record? And what would it show up as?

    Also, one last question. When contacting the court, what should I ask for, specifically? I don't really have any information regarding the citation, as I never received any letters. I'm not exactly sure where I placed the citation ticket itself either.

    Thanks for your help
  • 01-19-2011, 04:57 PM
    That Guy
    Re: What Happened to My Misdemeanor
    Quote:

    Quoting xero87
    View Post
    Iif the case was never filed, would it still appear on my background record? And what would it show up as?

    Hard to say... Based on what you posted, it doesn't sound like you were arrested (booked and processed), and if that is the case and assuming it was never filed, then it wouldn't show up anywhere... Although not all background checks are created equal and as a result, it would be depend on the circumstances and the nature of the background check!

    Quote:

    Quoting xero87
    View Post
    Also, one last question. When contacting the court, what should I ask for, specifically?

    You'd give them your name, date of birth, ID #... etc. They'll do a search and let you know...
  • 01-19-2011, 09:19 PM
    KeyWestDan
    Re: What Happened to My Misdemeanor
    If a police officer witnesses a misdemeanor crime, he MUST arrest you on the spot. There is, in my experience (not in CA so don't know for certain), no such thing as a misdemeanor TICKET. If you are given a ticket it is a municipal ordinance violation, a civil offense. You might have gone to the wrong court.

    In many cities, police are given discretion to charge minor offenses as crimes or to simply write a ticket for a civil infraction. This sounds like what happened to you. I have also seen people arrested for a misdemeanor by police and the DA/SA refuses to prosecute so the city/police will proceed on it as a municipal violation and take it to municipal court.
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