Legal Question in Criminal Law in California

I got a misdemeanor notice to appear for allegedly violating a posted order ("no alcohol"). My case just showed up on the O.C. Courts website, and it says an appearance is mandatory. This sounds quite strict, i.e. I can't just pay and move on. Yet obviously they can't charge me for anything more once I come to court, so actually they are only inviting me to appear and ask for something less.. Also, it says at the bottom of the screen for my case "Participants: and then the citing officer's name." Does this mean he simply wrote the ticket or he will actually be there at the hearing. This is all quite serious for something so small. I challenged him to show up because I thought it would make him less likely to submit the ticket knowing I would challenge it. If he actually does show up, I don't think he is supposed to for the first (and hopefully last) hearing. In my mind, if he does, it shows maliciousness on his part on top of giving me a misdemeanor instead of an infraction in the first place.


Asked on 8/08/09, 5:53 pm

2 Answers from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

Going to court is part of the officer's job. Doing his job does not signal malice toward you.

By the way, being needlessly confrontational with an officer is not a good way to get the charge reduced to an infraction.

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Answered on 8/08/09, 6:16 pm
Terry A. Nelson Nelson & Lawless

"Obviously can't charge [you] for anything more"?? Nice try; and where did you get all this misinformation and misunderstanding about the system? Complaints and charges can be amended and added to anytime, and might be in response to an arrogant defendant attitude. It sounds like you need to hire an attorney that actually knows and understands the law and the system. If serious about doing so, feel free to contact me. Otherwise, go politely and humbly deal with the charges if you think you can effectively represent yourself against a professional DA intending to convict you.

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Answered on 8/09/09, 5:53 pm


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