Legal Question in Criminal Law in California

Administrative Citation

Last week I received an Administrative citation from the newport beach police department. On the reverse side of the ticket it states administrative violations of these codes do not appear on any D.M.V. records or records of criminal history. The violation reads as follows: 10.12.010 NBMC- False statements to a police officer. On the date and approx. time listed Mr. Doe intentionally made false and misleading staements with regard to an assult with a deadly weapon investigation. Mr. Doe Denied being involved, but witnesses indentified him as being present and also instigating the entire incident. I don't agree with the accusations and would like to pay the fine just to rid myself of the hassle. I'm worried though that by paying the fine I would be admitting guilt and in turn they would come after me on criminal charges. Any advice appreciated as a misdemeanor offence would cost me my job.


Asked on 8/20/08, 2:00 pm

3 Answers from Attorneys
Terry A. Nelson Nelson & Lawless

Re: Administrative Citation

You pay the fine, you admit the crime; unless you go to court and are allowed to plead 'no contest'. If it is a misdemeanor charge as it seems, pleading either way will put a conviction on your record. If you're concerned about your [permanent] record, fight it. Feel free to contact me if serious about doing so.

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Answered on 8/22/08, 1:58 pm
Jacek W. Lentz Law Offices of Jacek W. Lentz

Re: Administrative Citation

I would make absolutely sure that you are dealing with an infraction/ticket and not a misdemeanor. I am not familiar with the Long Beach Municipal Code but something like making false statements to police generally would be in a misdemeanor category, it seems.

While tickets/infractions are not part of one's criminal history, their record tends to pop up here and there. I would fight it. In my view, you have the right to deny accusations against you.

Very best,

Jacek W. Lentz, Esq.

310.273.1361

www.lentzlawfirm.com

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Answered on 8/20/08, 2:11 pm
Ryan P. McClure The Law Offices of Ryan P. McClure

Re: Administrative Citation

This is a misdemeanor charge. Based on the fact that this may affect your employment you should seek out and hire a private attorney to fight this charge.

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Answered on 8/21/08, 1:38 am


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