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Drinking in public

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guy356

Junior Member
What is the name of your state (only U.S. law)? California

A couple months ago I was charged with drinking in public. I can't remember exactly I think it was 41.27c. I went to court and made a deal with the district attorney and pled no contest just to pay a fine of about $90. I had initially gone in and I had the option of just paying a fine of $158 but the person in the office said I could go into the courtroom and possibly have the fine lowered.

So I went in, made the deal and paid the fine.

Now I'm trying to apply for this job and one of the questions on the application is "Have you ever been arrested for, charged with, convicted of, or pled guilty or nolo contendere to any felony or misdemeanor?"

The office marked it as a misdemeanor on the ticket but when I called the courthouse they said it they're filed as infractions so I would not have to report this. Should I report it?
 


kroam82

Junior Member
You were initially arrested for a misdemeanor. You were not convicted of a misdemeanor but you were arrested for one. I would check yes then explain it was reduced to an infraction.
 

CdwJava

Senior Member
The court record of the action will have a record of the level of the offense. Since this appears to have been a municipal code (as the section you cited is not a state code section), it COULD have been a misdemeanor, but if it was handled in traffic court then it was almost certainly charged as an infraction.

Check the court record.

- Carl
 

CdwJava

Senior Member
I was not even arrested. They just detained me, conducted a search, cited me and let me go.
Then it is probably not a misdemeanor.

The court record will say for sure. It may even be on line, depending on what county you are in you might be able to just look it up.

- Carl
 

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