MIP California, 14 Year Old

Quote:

---

Quoting cdwjava

---

If they could articulate that they believed he was in possession of more alcohol (and that's not a stretch) then that could be sufficient probable cause for a search. Plus, as a minor in possession of alcohol he was subject to arrest, so the argument can be made that he was searched incident to arrest.

---

Right, yes, I didn't think there would be anything too wrong with them searching the backpack.

Quote:

---

Quoting cdwjava

---

That attitude thing goes a long way!

---

Yeap, I don't think acting like a brat is a smart thing to do...

Quote:

---

Quoting cdwjava

---

Kids!!!

---

Baffling. Even my 17 year old son said to me "I can't believe that he just told you that he told a cop to f-off".

It seems like this PC148 charge might be something he could definitely do with talking to a lawyer about. To make sure it's accurate to his behavior. If it turns out there's no legal consequences, from what I know so far he's still getting a kick up the backside for his behavior from me anyway. He did not deal with the police in a very smart, or respectful, way. The alcohol charge, seems pretty clear that's what he was up to.

Typically, if he appears before a court or a juvenile probation officer (depending on the process in your county) a contrite and apologetic demeanor can result in counseling and some informal penalties. If he comes off with an attitude, all bets are off!

Quote:

---

Quoting cdwjava

---

Typically, if he appears before a court or a juvenile probation officer (depending on the process in your county) a contrite and apologetic demeanor can result in counseling and some informal penalties. If he comes off with an attitude, all bets are off!

---

Ok, he's still got some time to decide on how he wants to present himself. I'll give him my advice but if he insists on being the brat he appears to have been on new years...well, he can deal with that.

Will an informal hearing, which he may attend depending on what happens, still result in the license restriction? Or is that county specific? (of course, if he continues to act like this he's not getting near our cars anyway) Or does this just rotate back to the "license SHALL be suspended"?

Do kids typically need a lawyer for an informal hearing? From what I understand an informal hearing only occurs if the kid accepts the charges.

If informal and being done before a probation officer, an attorney is not likely to be necessary, initially. It would not hurt to consult one, but it shouldn't be vital.

And the license suspension only occurs upon a CONVICTION (aka a "true finding") in a court. So, if a judgment is withheld or deferred, then it should not effect him.

Quote:

---

Quoting cdwjava

---

If informal and being done before a probation officer, an attorney is not likely to be necessary, initially. It would not hurt to consult one, but it shouldn't be vital.

---

Ok.

Quote:

---

Quoting cdwjava

---

And the license suspension only occurs upon a CONVICTION (aka a "true finding") in a court. So, if a judgment is withheld or deferred, then it should not effect him.

---

Got it.

Thanks for all this, I really appreciate it.