Legal Question in Criminal Law in California

drinking in public

My son was cited for drinking alcohol in our complex. He states he wasn't. This was in a garage area within the condo complex.

#1 Can the police cite him or is this considered private property?

#2 If he fights this because he states he was not drinking, what is the worst that can happen?

#3 The ticket states misdemeanor but states if he doesn't appear a warrant will be issued. Why?


Asked on 11/18/05, 3:13 pm

3 Answers from Attorneys

Arthur Khachatourians Tyler & Wilson

Re: drinking in public

Please contact Arthur Khachatourians, ESQ to discuss further handing of this case.

818.590.8294

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Answered on 11/18/05, 3:19 pm
Edward Hoffman Law Offices of Edward A. Hoffman

Re: drinking in public

1. They can cite him. "In public" is not the same as "on public property".

2. Offhand, I don't know the penalty for this particular offense. But "the worst that can happen" depends in part on whether he has a record and, if so, how serious his prior offenses have been.

3. Why? Because the ticket is a court summons, and summonses are not social invitations. He has been ordered to show up and answer the charges against him. Do you think he should be able to make the whole thing go away just by ignoring this order?

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Answered on 11/18/05, 3:44 pm
H.M. Torrey The Law Offices of H.M. Torrey

Re: drinking in public

1) police officers have the right to enter "private property" without a warrant under many different circumstances unfortunately.

2) if your son was not drinking, he should definitely fight this citation period. The "worst" that can happen is he will lose, but the best is obviously that the charges will be dismissed if the state cannot meet its burden of proof.

3) anytime a person fails to appear to a court proceeding, a bench warrant can and is usually issued to compel the appearance or punish the individual for not following rules.

If you would like a further assistance in this matter, contact us directly.

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Answered on 11/18/05, 7:00 pm


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