Legal Question in Criminal Law in California
I was with friends in a parking lot down town Fullerton . cops came and saw open alcohol containers in the car . they give each of us 7.17.010 FUMC and it's a misdemeanor . the cop never saw me drinking and i was in the backseat of the car with one of the open containers . also, I had prior proportion case because I had a wet reckless in 2003 . what should I do ?
2 Answers from Attorneys
If you had a prior wet reckless in 2003, your probation period was likely 3 years and assuming you paid off your fines, attended whatever classes and didn't have any violations, you should be off probation & it shouldn't be a problem.
On the new case - the DA will have to prove that YOU were in possession of the alcohol. The specifics of the case & how it reads in the police report will make a huge difference. There are things you can do before your court date to put yourself in a better position. Also, if you have an attorney represent you in court, they can make the court appearance for you and you won't have to appear.
There are ways to fight municipal code violations and/or keep this off your record. Let me know if you want to discuss representation further and explore your options.
Have your attorney use whatever facts and defenses you may have in plea bargaining or at trial. He'll have to deal with whatever the police report alleges. If serious about getting counsel to do this right, feel free to contact me.
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