Legal Question in Criminal Law in California

Re: Drinking in Public

This is a very minor offense - usually a municipal code violation. Some jurisdictions will treat this as a misdemeanor, others as an infraction. Infractions carry only a fine - no probation, no jail time, and have no long term consequences for your record. In L.A., for instance, the maximum fine for a first time infraction is $100!

Because they are minor (similar to most traffic tickets), the courts will have a standard disposition that they offer (e.g. $50)

The best way to find out what the standard disposition is to call either the local public defender's office and ask to speak to a PD who staffs the misdemeanor court to which your case is assigned or call the clerk's office and just ask what the standard fine is if someone wants to resolve the case ASAP. (Do NOT provide any statements about the facts of the case.) Do NOT speak to the local prosecutor!

Also, while you're speaking to the PD you could find how frequently the cops show up on these if set for trial. In traffic court, many people set their case for trial betting on the odds that the cop won't show and the case will get dismissed. They also are trying to avoid points on their license. In traffic court, because of the volume, typically cop doesn't show. If the cop does show the person typically pleads to same deal originally offered. But be sure to check on the local practice first - some judges may penalize a person for trying to "beat the system."

Once you know the standard fine, you can decide if it's worth it to you to pay a private lawyer to go in and do what you can do by yourself. (I guarantee you that the first thing a private lawyer will do is consult with the local PD to find out the standard dispo.)

Don't get me wrong - if you have a defense and/or you have other reasons why you actually want to litigate the ticket, you will want a lawyer.

good luck (party inside next time)

Re: Drinking in Public

Depends on factors such as your prior criminal record if any, and whether they can find anything else to charge you with. If you get a criminal record, you can expect not to be able to ever get a job again.

Re: Drinking in Public

A fine and a conviction on your record unless you fight it with the help of a lawyer. While we are not talking about a serious crime here, I suggest it might be worth your while to attempt to keep your record clean.

Feel free to contact me for additional consultation.

Jacek W. Lentz, Esq.

310.273.1361

www.lentzlawfirm.com