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possession of tobacco

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tiedtoaclock

Junior Member
What state? California

Hi, today I got possession of tobacco. I'm 17 years old and my birthday is in little over a month. My court date happens to be after I'm 18...in April.

I have a couple questions...

a. Do you think that when I go to court and the judge see's I'm 18, and that I was only 17 about a month beforehand, he will dismiss the case?

b. When I go to court on Aprill 19th, can I go by myself without my parents since I'm 18?

c. If I end up getting charged and taking a class,will it take it off my record?

help, thanks!
 


seniorjudge

Senior Member
tiedtoaclock said:
What state? California

Hi, today I got possession of tobacco. I'm 17 years old and my birthday is in little over a month. My court date happens to be after I'm 18...in April.

I have a couple questions...

a. Do you think that when I go to court and the judge see's I'm 18, and that I was only 17 about a month beforehand, he will dismiss the case?

b. When I go to court on Aprill 19th, can I go by myself without my parents since I'm 18?

c. If I end up getting charged and taking a class,will it take it off my record?

help, thanks!


Standard answer

Here are some hints on appearing in court:

Dress professionally in clean clothes.

Do not wear message shirts.

Don't chew gum, smoke, or eat. (Smokers...pot or tobacco...literally stink. Remember that before you head for court.)

Bathe and wash your hair.

Do not bring small children or your friends.

Go to court beforehand some day before you actually have to go to watch how things go.

Speak politely and deferentially. If you argue or dispute something, do it professionally and without emotion.

Ask the court clerk who you talk to about a diversion (meaning you want to plead to a different, lesser charge), if applicable in your situation. Ask about traffic school and that the ticket not go on your record, if applicable. Ask also about getting a hardship driving permit, if applicable.

From marbol:

“Judge...

You forgot the one thing that I've seen that seems to frizz up most judges these days:

If you have a cell phone, make DAMN SURE that it doesn't make ANY noise in the courtroom. This means when you are talking to the judge AND when you are simply sitting in the court room.

If you have a ‘vibrate’ position on your cell phone, MAKE sure the judge DOESN'T EVEN HEAR it VIBRATE!

Turn it off or put it in silent mode where it flashes a LED if it rings. AND DON'T even DREAM about answering it if it rings.”

(Better yet, don’t carry your cell phone into the courtroom.)


Here are five stories that criminal court judges hear the most (and I suggest you do not use them or variations of them):

1. I’ve been saved! (This is not religion specific; folks from all kinds of religious backgrounds use this one.)

2. My girlfriend/mother/sister/daughter is pregnant/sick/dying/dead/crippled and needs my help.

3. I’ve got a job in [name a state five hundred miles away].

4. This is the first time I ever did this.

5. You’ve got the wrong guy. (A variation of this one is the phantom defendant story: “It wasn’t me driving, it was a hitchhiker I picked up. He wrecked the car, drug me behind the wheel then took off.” Or, another variation: “I was forced into it by a bad guy!”)

https://forum.freeadvice.com/showthread.php?p=854687#post854687

Public defender’s advice

http://newyork.craigslist.org/about/best/sfo/70300494.html


Other people may give you other advice; stand by.
 

Neal1421

Senior Member
tiedtoaclock said:
What state? California

Hi, today I got possession of tobacco. I'm 17 years old and my birthday is in little over a month. My court date happens to be after I'm 18...in April.

I have a couple questions...

a. Do you think that when I go to court and the judge see's I'm 18, and that I was only 17 about a month beforehand, he will dismiss the case?

b. When I go to court on Aprill 19th, can I go by myself without my parents since I'm 18?

c. If I end up getting charged and taking a class,will it take it off my record?

help, thanks!
a. No

b. You can go without your parents, I wouldn't advise you to go without a lawyer.

c. This isn't like getting a ticket for speeding. I don't think that will happen.
 

tiedtoaclock

Junior Member
well, the cop himself said they might dismiss it...since i'llbe 18. i was just wondering how good the chances were.

a lawyer? in juvenille court for tobacco? i'm just trying to go about this without letting my parents know...you don't know how upset they would be. would a lawyer really help? plus the lawyer would cost alot more than the actuall fine if they actually gave me one.
 

fairisfair

Senior Member
here is what you are looking at, worst case scenario:

possession of tobacco products in state of California by a minor
Penalty: Violators are subject to a fine of $75 or 30 hours of community service work. The $75 fine may increase when local court costs are added.
 

CdwJava

Senior Member
If you are cited into juvenil court, chances are the citation says to bring your parents. You will have to speak to the local court to find out if you will be abel to pass on the parents.

However, they might find out about your appearance if you have to pay a fine, do community service, and have to attend tobacco awareness classes.

They probably won't drop it, but you might not have to do the awareness class. It really depends on the county procedures where you live.

- Carl
 
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