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Will an MIP Infraction Violate My Probation?

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  • 09-18-2008, 01:26 PM
    PHash
    Will an MIP Infraction Violate My Probation?
    My question involves criminal law for the state of: California

    Just a little background:

    I am 20 years old.

    I was arrested in 2007 for possession of marijuana HS 11357(b), took the drug diversion option and am still technically on it.

    I was arrested in 2007 for a battery, and had it dropped to a misdemeanor disturbing the peace, and was granted 2 years of informal probation.

    Last night I was in another county (San Diego to be exact), and recieved a 25662(a) Minor in Possession of Alcohol (infraction).

    Here's what the San Diego court website says about this violation:
    Quote:

    BP 25662(a)
    Minor in possession of alcohol
    (Infraction)
    $172 –OR– $20 (CSF) and 24-32H Volunteer work at alcohol/drug program
    1Y license suspension IF under 21 (mandatory)
    Fine OR CSF and volunteer work (mandatory)
    [No probation, fine is sentence]
    Now, when I go to court will the San Diego court find out my record and probation in the other county that I reside in? If so, will this allow them to bump the charge up to a misdemeanor, or not? Will they notify my county's court?

    Also, if I pay the infraction fine and take the license loss, will this violate my informal probation or drug diversion in the county I live in now? Will it have any bearing on getting the disturbing the peace violation expunged in any way? I read somewhere that infractions are not disclosed on county-to-county information but just want to be sure.

    I searched and couldn't find specific information on this situation.

    Thanks.
  • 09-18-2008, 02:10 PM
    PHash
    Re: Will an MIP Infraction Violate My Probation?
    Just to add, my probation memorandum paperwork has a lot of boxes that can be checked, but virtually none of them are checked. It only says have no negative contact with victim (of the battery), pay my fine, and that's about it. There's a section on alcohol and drugs but nothing there is checked.

    However, CA has that "do not break the law" clause, which is why I am worried.
  • 09-19-2008, 10:38 AM
    M'sta Mikey
    Re: Will an MIP Infraction Violate My Probation?
    You need an attorney, and a good one at that. You've violated probation and have a 3rd offense within one year.

    You could be looking at jail time.
  • 09-19-2008, 11:17 AM
    PHash
    Re: Will an MIP Infraction Violate My Probation?
    Actually longer than a year apart, I was arrested in February/May 2007.

    Anyway I called the court and they said for this kind of thing they will mail a "care package" and then I can just pay the fine by mail, but I don't know how that will work in regards to suspending my license which seems like a mandatory condition. I don't even have a license right now anyways I just walk to work.

    Now I know this is all speculative and I will have to wait and see what happens, but I'm just really wondering the odds of my county's court finding out about an infraction in another county. I don't report to anybody for probation, I just don't want to get a letter in the mail in a few months from my court telling me I have a court date.

    I am so sick of going to court over these stupid little small things, because I'm not a criminal at all except maybe in the lightest sense of the word because I enjoy smoking pot and coppin a brew or maybe even the occasional fight with somebody who pushes me first. :wallbang:
  • 09-19-2008, 11:39 AM
    cyjeff
    Re: Will an MIP Infraction Violate My Probation?
    The chances of one county in CA finding out about probation in another county in CA rapidly approach 100%.
  • 09-19-2008, 11:40 AM
    cyjeff
    Re: Will an MIP Infraction Violate My Probation?
    Quote:

    Quoting PHash
    View Post
    I am so sick of going to court over these stupid little small things, because I'm not a criminal at all except maybe in the lightest sense of the word because I enjoy smoking pot and coppin a brew or maybe even the occasional fight with somebody who pushes me first. :wallbang:

    And what would your definition of a criminal be?
  • 09-19-2008, 06:54 PM
    Betty3
    Re: Will an MIP Infraction Violate My Probation?
    Quote:

    Quoting PHash
    View Post
    I am so sick of going to court over these stupid little small things, because I'm not a criminal at all except maybe in the lightest sense of the word because I enjoy smoking pot and coppin a brew or maybe even the occasional fight with somebody who pushes me first. :wallbang:

    You're breaking the law!
  • 09-19-2008, 07:02 PM
    cyjeff
    Re: Will an MIP Infraction Violate My Probation?
    Showing regret and taking responsibility for your crimes will go far in a court of law.
  • 09-20-2008, 01:28 AM
    zedex
    Re: Will an MIP Infraction Violate My Probation?
    Quote:

    Quoting PHash
    View Post

    I am so sick of going to court over these stupid little small things, because I'm not a criminal at all except maybe in the lightest sense of the word because I enjoy smoking pot and coppin a brew or maybe even the occasional fight with somebody who pushes me first. :wallbang:

    Amazingly enough, these activities are classified as criminal offences. Glad to hear you're "not" a criminal, though.
    Get an attorney, a good one. Yesterday
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