Legal Question in Criminal Law in California

My daughter, a student in college and 2 months shy of her 21st birthday, received a ticket - a misdemeanor- for trying to get into a night club/bar using her 21 year old friend's ID. Three girls were given a ticket with a court appearance date and 1 girl was arrested. My daugther's police officer commended her on her honesty when she readily admitted the ID was not hers. What should we realistically expect from the judge on her court appearance? Should we have a lawyer representing her since it's a misdemeanor? How long will the misdemeanor be on her record?


Asked on 10/18/09, 11:14 am

2 Answers from Attorneys

Robert Marshall Law Office of Robert L, Marshall

Your daughter is probably charged with violating Business & Professions Code 25661, minor with false proof of age. It can be punished by a fine from $250-$1000 (plus penalty assessments that can greatly increase the amount), 24-32 hours of community service, or a combination of fine and community service. The judge also has authority to reduce this offense to an infraction.

If your daughter is convicted, she will also lose her drivers license for a year.

If she is convicted of a misdemeanor and successfully completes probation, she can move to have the case dismissed under Penal Code 1203.4, but it remains a public record, with a notation it was dismissed, and she would have to report it when applying for state licenses.

There are other potential charges that could land her in jail, such Vehicle Code 14610, illegal use of a drivers license.

I would strongly encourage you to hire an attorney to represent her.

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Answered on 10/18/09, 12:19 pm
Terry A. Nelson Nelson & Lawless

If convicted, records are forever. Expungements don't 'clear' the record or make it vanish, they only change it to show retroactive dismissal [expungement] after conviction. It is up to her whether to hire experienced counsel to deal with a DA trying to convict her. The attorney may be able to get a first offender a deal other than conviction. If serious about doing so, feel free to contact me.

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Answered on 10/18/09, 9:11 pm


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