Legal Question in Criminal Law in California

Minor in Consumption
I am a 20 year old female and I go to school in San Diego, CA. Two weekends ago, my friends had a party and the cops broke it up and gave everyone who was under 21 a m.i.c. Because I was not very drunk, the officer changed the penal code of my violation so it would have a lesser consequence. Well this past weekend I was walking to a friends house ( I had never been drinking at a party) and I had taken off my shoes because my friend and I were behind everyone and I wanted to catch up and get inside a house. All of a sudden a cop car came around the corner and yelled at my friend and I to come over. Yes I had been drinking but I explained that we weren't coming or going to a party and that I understood and respected the cops authority and I had just gotten a m.i.c last weekend. The cop then decided to give me another m.i.c. even though my friend, who had been talking to a different officer, did not receive one. So now I currrently have two m.i.c.'s on my record until I go to court. What should I do? What are my options?

Asked on 3/01/09, 4:27 pm

5 Answers from Attorneys

OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

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Re: Minor in Consumption

Get represented. I have had success reducing such charges to an infraction of disturbing the peace that carries a fine of $ 149.00 and does not go on your record. Contact me directly.

Answered on 3/03/09, 2:12 pm

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Matthew Koken Law Office of Matthew S. Koken

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Re: Minor in Consumption

Contact an attorney so he or she can assist you at your next court date.

Go to a couple AA meetings and bring proof of attendance.

I hope there is not a next time for you, but if you are approached by police officers and they start asking you questions, you have the right not to say a word to them.

If you would like to discuss this further please feel free to contact me.

Answered on 3/02/09, 12:55 pm

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Terry A. Nelson Nelson & Lawless

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Re: Minor in Consumption

What should you do? Defend the charges. Generally, unless you already know what to do, and how to do it, you should hire an attorney to represent you. You're charged with two crimes, take this seriously.

Answered on 3/02/09, 2:48 pm

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Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

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Re: Minor in Consumption

You are going.to need to learn never to speak to the police, and especially never attempt to explain yourself. The only appropriate things to say to the police are "Sir, I don't have anything to say to you"; and "Can I call my lawyer?" Ignore this advice at your extreme peril. And enough already with the drinking binges. Bring proof that you attended several AA meetings to court. View the youTube video, "Don't Talk To Cops"

Answered on 3/01/09, 4:42 pm

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