Disorderly Conduct Charge After Taking a Controlled Substance

[jillove]

My question involves criminal law for the state of: National Park in California Sate.

Greetings and Salutations:

My Boyfriend and I were hiking on Joshua Tree National park, it got dark, we got lost and separated. I freaked out that I couldn't find my him and I rushed to get help. While going down, I fell and scratched my body. I found some people and I used their cell to call 9/11. The Sheriff came I explained that my boyfriend got lost and I feared for his life. I was sent to the ER, because my superficial wounds. The Sheriff came and I explained what happened. He asked me if we were on something because I was agitated. I told him I had some acid and I kissed my boyfriend and he get got some too, without his knowing. My boyfriend got excavated by helicopter. He was asked by the rangers if he was on something and he said he was on acid, because I told hime what I did to him. He came to meet me at the Medical Center and we went to a hotel nearby to get some sleep. We waited for the morning to get the car that we left inside the park. The next day we went to pick up the car and on the way out we were stopped by the Rangers at the exit. They gave us a Disorderly Conduct ticket to each of us for creating a Hazardous condition. My boyfriend is on probation for attacking a deputy on drugs, he was sent to jail for 9 months and given 5 years probation last June. I told the Sheriff I gave him acid from my mouth without him knowing and I was really worried I caused him trouble.

We have a court appearance on February. We asked for police report and the Sheriff told us there was no police report, it was just a missing person report. But that was in Joshua Tree city, which is California Sate Law, the Joshua Tree National Park is under Federal Law. My boyfriend told the Probation Officer that it was just a missing person police report.

I'm scared that my boyfriend's probation might have been violated because of me calling 9/11 to rescue him while lost at night at the park. I have a clean record and I don't care much about me as I worry about his outcome. The Sheriff who asked me was really nice and treated me so well. He said they were not there to arrest us, they were there to help us. But the rangers work under Federal Law. They have no proof about my boyfriend taking LSD, he told them he did because he was under pressure and afraid. But in reality, it was my fault for kissing him with acid in my mouth without him knowing. There's no urine test of him, only of me.

What is the best and what is the worst that can happen to us?

Thank you.

[cdwjava]

The ticket will have the code section listed on it. What is that code section? Was it PC 647(f)? (Oh, and you may want to reconsider the story about your transmitting the LSD to him with a kiss ... no one is going to buy it.)

Your boyfriend may also be receiving a bill for the rescue operations as well.

[Taxing Matters]

What is the best and what is the worst that can happen to us?

Thank you.

As the citation was apparently issued by U.S. National Park rangers for disorderly conduct, it is likely a violation of the federal regulation on disorderly conduct in National Parks, 36 CFR § 2.34. Those regulations are authorized by federal statute in 54 U.S.C. § 100751. The penalty for violation of National Park Service regulations is set out in 18 U.S.C. § 1865, which provides that violators are subject to fines and/or up to six months imprisonment, plus assessed all costs of the proceedings. The case would be heard by a federal magistrate judge without a jury.

If your boyfriend is convicted on that offense, that information may find its way to his probation officer and that might start the process to revoke or modify his probation. After all, one of the conditions of any probation is that the probationer not commit any crimes while on probation. If his probation is revoked, he could be heading to prison to serve out the original five year sentence that was imposed. He's at least lucky that it appears he’s not charged with a drug possession offense.

So the best that might happen to him if convicted is that he gets hit only with a fine and he doesn't have his probation revoked. At worst, he gets sentenced to six months on the federal charge and then gets his state probation revoked to serve out the rest of his 5 year sentence in state prison for attacking the officer. Oh, and he might get hit with fees for the rescue, too.

If you and your boyfriend want to avoid him going to prison in the future, you both should stop taking drugs. Besides, continued use of LSD will mess you up.

[cdwjava]

As a note, CA state law is also enforced in National Forests, Parks, and military reservations, so it is possible he faced a state disorderly conduct charge as well. Though, being issued a citation well after the incident for either offense is ... unusual. Typically, such matters should go to a prosecutor for state charges. Perhaps a USC violation can be cited well after the fact even if a state offense cannot.