Contributing To Minors in California

It's Halloween weekend in Santa Barbara (UCSB) and my roommates and I are getting dressed and ready to go out. One of the roommate's cousins and friends are in town so they are in the living room drinking and getting ready for the night. Then someone comes to our room and says, "Cops are here, they want to speak to someone who lives here." Being the oldest one (the only one in the house who is 21 (my other roommates are either 20 or about to turn 20)) and the first to hear the situation, I walk out and there are two Isla Vista cops waiting outside the door to speak. As I walk, there are two kids outside that are sitting that are being written up with a ticket. The officer then proceeds to tell me that the kids (under 21 of course) were drinking and had said they had gotten alcohol from our house. These are my roommate's cousin's friends and I did not buy them alcohol; they had brought it in themselves and I had no idea what was going on until the cops told me. There, the cop cited me with a contributing to minors ticket who threated to write a ticket that could've been $3000 max and a trip to jail. Instead, he gave the ticket at $2500 and told me there was nothing I could do. He also said that anyone who came to answer the door first would've been cited and since I was the first and 21, I got the distributing to minors ticket. I was extremely cooperative and I have an absolute clean record. I also did not have a single drip of alcohol in my system at that point.

My questions are:
- Could I have just closed the door (since there was no warrant although the door was open)?
- What steps can be taken at this point with the ticket and court date set?
- What are the worst case scenarios that can take place?
- How can this affect me in regards to my record, school and job?

Violation was 25658 (California)

Its my belief a warrant was not required becuse this was not a serch issue and a crime had been committed in the presence of Law Enforcement

Quote:

---

Quoting zoomnike

---

- Could I have just closed the door (since there was no warrant although the door was open)?

---

Well, you COULD have, but they would probably have booted it open and taken you to jail. Being in the doorway is sufficient for a probable cause arrest. And since they had already, apparently, detained you (effectively) in order to cite you for this violation, they could have arguably made entry.

Quote:

---

- What steps can be taken at this point with the ticket and court date set?

---

Consult an attorney.

Quote:

---

- What are the worst case scenarios that can take place?

---

A fine and jail time.

Quote:

---

- How can this affect me in regards to my record, school and job?

---

It depends on the career you try to get in to. It also depends on whether they ultimately charge this as a misdemeanor or an infraction (which sometimes happens ... no I don't if that happens in SB County).


- Carl

Well here are my two cents worth. Hire an attorney who specializes in this type of offense. Police can give a citation to anyone for anything. It seems they would not have enough evidence that you were the person who furnished the alcohol. A good defense attorney will more than likely get this dismissed. And yes a finding of guilt can/may affect your ability to get a decent job. Some employers will not hire anyone with a criminal record. If you did not do the crime, then fight for your innocence. An attorney will probebly be cheaper in the long run than paying this fine.

Quote:

---

Quoting nite_riderusa

---

Police can give a citation to anyone for anything.

---

Actually, they cannot.

A citation is a release on a promise to appear. It is an arrest and a release on one's own recognizance. Thus, the arrest MUST be supported by probable cause.

This offense is - on its face - a misdemeanor and they COULD have taken the poster to jail instead of releasing on a citation.

Quote:

---

It seems they would not have enough evidence that you were the person who furnished the alcohol.

---

Well, they have two underage kids drinking out front claiming they got the alcohol from the people in the house ... the OP was a responsible party from the house so he got the citation.

It might be weak ... it might not be. Until an attorney reviews the police report, there is no way to say. Usually these are pled to counseling and informal probation - maybe even some form of diversion that will result in the offense being reduced to a detention upon completion of the probation period (one or two years).

- Carl

The officer did not fill out a police report either. Instead, he just wrote out a ticket and told me when the court date was going to be. I've never been in trouble with the law so I don't know how this works but wasn't there supposed to be a police report that should've been filled out?

Quote:

---

Quoting cdwjava

---

Well, they have two underage kids drinking out front claiming they got the alcohol from the people in the house ... the OP was a responsible party from the house so he got the citation.

---

One of the kids belonged to my roommate's cousin's group. Is there a way he can admit the alcohol was his and I'd be cleared of the charges? Based on the situation, it seems as though any minor can just drink outside and blame the residents of the house and get them cited. One minute I'm in my room and the next minute, I'm getting written up for a $2500 fine.

You know there is no report how?

Quote:

---

Quoting zoomnike

---

The officer did not fill out a police report either. Instead, he just wrote out a ticket and told me when the court date was going to be. I've never been in trouble with the law so I don't know how this works but wasn't there supposed to be a police report that should've been filled out?

---

You will not know if there is a report until your attorney seeks discovery from the prosecution. If there is no report, chances are this will be filed as an infraction (good news for you).

Quote:

---

One of the kids belonged to my roommate's cousin's group. Is there a way he can admit the alcohol was his and I'd be cleared of the charges? Based on the situation, it seems as though any minor can just drink outside and blame the residents of the house and get them cited. One minute I'm in my room and the next minute, I'm getting written up for a $2500 fine.

---

More than one person can be charged. This is not a "whose gonna take the hit?" kind of situation. If someone else wants to step up and confess, they can. the state might choose to drop the charges against you in that case, or they might not.

if you go to court and deny knowing the younger guys outside or giving them booze they might come to court stating otherwise. You'd better hope those guys are complete strangers before you throw them down.

Consult local counsel.

- Carl

Quote:

---

Quoting cdwjava

---

More than one person can be charged. This is not a "whose gonna take the hit?" kind of situation. If someone else wants to step up and confess, they can. the state might choose to drop the charges against you in that case, or they might not.

if you go to court and deny knowing the younger guys outside or giving them booze they might come to court stating otherwise. You'd better hope those guys are complete strangers before you throw them down.

---

Now let's say the kid agrees to confess to having the alcohol, would that mean more charges would be placed on him?

Another question I had was would it be worth to hire a lawyer or would it be possible to settle with a public defender? I don't want to spend any money for something I feel, I am completely innocent for regardless of the situation I was put through. Maybe I'm naive and not understanding of the legal system, but there wasn't any evidence of me furnishing alcohol, so that would build a better case for me?

There is a program here at the UC regarding troubles with the law and alcohol for free advice. I will go there as well to see what my options are but in participating in this site and doing research, I'm trying to be as prepared as possible before I come to court.

Oh thats rich:rolleyes: Public defenders are for those who cannot afford thier own Attorney.