Legal Question in Criminal Law in California

Can a City determine that a skateboarding "Safety Equipment" citation is a MISDEMEANOR? A 17 year old minor male skating at a public skating park, recieves a city citation for not wearing all of his safety equipment - elbow pads, etc. The citation indicates that it is a misdemeanor violation.

Looking up a list of misdemeanors in the state of California, I see offenses such as "Pocession of a machine gun", "Driver during a drive by shooting", but nowhere is there a mention of safety equipment at a skate park.

Are misdemeanors decided by the state, or can a city begin to give kids playing in a park, criminal records because they don't have their elbow pads on?


Asked on 5/31/12, 2:52 pm

1 Answer from Attorneys

Terry A. Nelson Nelson & Lawless

The specific code section on the ticket is the 'criminal charge' you face in court. See if you have any defenses in fact or law.

You are always entitled to represent yourself in court. Whether you should is a different issue. The conventional wisdom is that an attorney will be able to do a better job and get a better outcome. Prosecutors and judges don�t like dealing with ProPers, unless you are simply pleading guilty, not defending the case.

If serious about hiring counsel to help in this, feel free to contact me.

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Answered on 5/31/12, 4:45 pm


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