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  1. #1

    Default Drinking in Public, Misdemeanor Charge

    My question involves criminal law for the state of: California.

    Help needed! I know it's not very serious, but I was with 4 other friends (all over 21) in a Los Angeles parking lot sharing a bottle of vodka. We were sitting in a parked car and all of a sudden 4 police officers approach us with flashlights and give us all misdemeanor citations (4127 (C) LAMC). They were very nice about it and said that it would probably get turned into an infraction. However, I don't really want to just take their word for it.

    I have to appear in court in about a month's time and I actually want to move it earlier if possible. How should I proceed? I really don't think I can afford having a misdemeanor (or anything as a matter of fact) on my record at this time. It would really hurt my job search chances right now.

    Should I plead guilty? Not guilty? The officer said that "If you plead not guilty, we'll have to come in, which we don't mind because we get overtime for it". I think he meant we shouldn't plead not guilty..?

    Thanks a lot for any help! I appreciate it.

  2. #2
    Join Date
    Sep 2005
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    California
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    Default Re: Drinking in Public - Misdemeanor

    While technically a misdemeanor, these are likely taken care of as infractions in traffic court. If dealt with as an infraction, then there will be no state or local criminal history.

    And, as a note, the time to consider the ramifications for committing a criminal act is BEFORE you commit the act, not after.

  3. #3

    Default Re: Drinking in Public - Misdemeanor

    So should I just go to court and plead guilty to it and hope it's considered an infraction?

    And thanks for the side note. Duly noted.

  4. #4
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    Default Re: Drinking in Public - Misdemeanor

    Quote Quoting lucasparadise
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    So should I just go to court and plead guilty to it and hope it's considered an infraction?

    And thanks for the side note. Duly noted.
    If the address on the cite is correct, and assuming the DMV also has your correct address, a notice may be mailed out to you prior to the arraignment date (the court date on the citation) and that should have the information on the status of the offense. If not, you will find that out when you go to the arraignment.

    The odds are this will NOT be charged as a misdemeanor as that may require a jury trial for an offense that has as a penalty a fine only.

  5. #5

    Default Re: Drinking in Public - Misdemeanor

    Quote Quoting cdwjava
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    If the address on the cite is correct, and assuming the DMV also has your correct address, a notice may be mailed out to you prior to the arraignment date (the court date on the citation) and that should have the information on the status of the offense. If not, you will find that out when you go to the arraignment.

    The odds are this will NOT be charged as a misdemeanor as that may require a jury trial for an offense that has as a penalty a fine only.
    Thanks for the responses cdwjava.

    If someone could also answer these for me (as this is my first time in a legal situation):

    1. Do I need a lawyer? Or is it possible to do this on my own or something.

    2. If so, how do I choose or know which lawyers are good in the Los Angeles area that can help me?
    (Any recommendations?)

  6. #6
    Join Date
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    Default Re: Drinking in Public - Misdemeanor

    Quote Quoting lucasparadise
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    1. Do I need a lawyer? Or is it possible to do this on my own or something.
    If charged as a misdemeanor, you might want to consult an attorney ... just in case. However, if charged with a misdemeanor and there is the potential for any jail time, you might qualify for a public defender.

    2. If so, how do I choose or know which lawyers are good in the Los Angeles area that can help me?
    (Any recommendations?)
    You'd have to do your own research on that one. Start for ones that work local to your courthouse and consider contacting the Bar Association for references based upon whatever criteria they request.

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