Legal Question in Business Law in California

Re: Drinking in Public Penalties

Please fax me the ticket and any correspondence to me at 714 363 0229 and include your phone number. I will call you and advise you if you have a case or what to do to resolve your problem.

Sometimes, a ticket such as this can be reduced to an infraction.

Re: Drinking in Public Penalties

The reference is to LAMC, not CAMC; it's the Los Angeles Municipal Code, and that section bans drinking in public. I can't tell you whether this is a misdemeanor, an infraction, or what criminal lawyers call a "wobblette" - a matter that can be charged as either a misdemeanor or an infraction at the prosecutor's discretion (a "wobbler" being a crime that can be charged as a felony or a misdemeanor). You need to consult someone local, and I would start with the Public Defender's office.

Although the officer told you that you were arrested, it was probably a detention rather than an arrest; in any case, Miranda rights attach upon an arrest and being taken into custody, and your situation didn't progress to that point.

There is a lot of misunderstanding about expungement. Having a conviction expunged doesn't remove it from your record. It merely adds another fact to your record, saying "the previous conviction information is hereby expunged" or to that effect. Also, you don't have to disclose expunged convictions, but they are nevertheless there to be seen by anyone interested enough to do some digging. I used to do this kind of work while a law clerk for a public defender; it's slow and difficult and, in my view, not worth the meager result.

Re: Drinking in Public Penalties

If you are charged and convicted of an infraction, it can not be expunged. A misdemeanor conviction usually can be. Whether to fight it, plead it, or hire counsel is your choice. If you want an attorney to help get it reduced or minimized, contact me to discuss costs and facts.