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hey ...mip help please first time offender

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bbulich19

Junior Member
What is the name of your state? california

hey everyone...well heres my situation i sure hope someone can help me and make me feel a little more educated about all this..well the onther night on my birthday we went up camping in santa cruz and i brought some beer(by the way i am 20) Me and my buddies were drinking and we are all the same age except one was 17..so i got a mip (25662a) and charged with furnishing alcohol to minors (25658) is there anything i can do..i really have no idea what i should do or should be doing ...does anyone know the fines or consequences for there...if anyone has any info to give me it would be greatly appreciated..thanks
 


bbulich19

Junior Member
more

also none of us were tested for alcohol and i basically took the hit for everyone..so if anyone can help me please drop a reply thanks
 

bbulich19

Junior Member
more

California

also none of us were tested for alcohol and i basically took the hit for everyone..so if anyone can help me please drop a reply thanks
 

CdwJava

Senior Member
25662. (a) Any person under the age of 21 years who has any
alcoholic beverage in his or her possession on any street or highway
or in any public place or in any place open to the public is guilty
of a misdemeanor and shall be punished by a fine of two hundred fifty
dollars ($250) or the person shall be required to perform not less
than 24 hours or more than 32 hours of community service during hours
when the person is not employed or is not attending school. A
second or subsequent violation shall be punishable as a misdemeanor
and the person shall be fined not more than five hundred dollars
($500), or required to perform not less than 36 hours or more than 48
hours of community service during hours when the person is not
employed or is not attending school, or a combination of fine and
community service as the court deems just.

And,

25658. (a) Except as otherwise provided in subdivision (c), every
person who sells, furnishes, gives, or causes to be sold, furnished,
or given away, any alcoholic beverage to any person under the age of
21 years is guilty of a misdemeanor.
(b) Any person under the age of 21 years who purchases any
alcoholic beverage, or any person under the age of 21 years who
consumes any alcoholic beverage in any on-sale premises, is guilty of
a misdemeanor.
(c) Any person who violates subdivision (a) by purchasing any
alcoholic beverage for, or furnishing, giving, or giving away any
alcoholic beverage to, a person under the age of 21 years, and the
person under the age of 21 years thereafter consumes the alcohol and
thereby proximately causes great bodily injury or death to himself,
herself, or any other person, is guilty of a misdemeanor.
(d) Any on-sale licensee who knowingly permits a person under the
age of 21 years to consume any alcoholic beverage in the on-sale
premises, whether or not the licensee has knowledge that the person
is under the age of 21 years, is guilty of a misdemeanor.
(e) (1) Except as otherwise provided in paragraph (2) or (3), any
person who violates this section shall be punished by a fine of two
hundred fifty dollars ($250), no part of which shall be suspended, or
the person shall be required to perform not less than 24 hours or
more than 32 hours of community service during hours when the person
is not employed and is not attending school, or a combination of fine
and community service as determined by the court. A second or
subsequent violation of subdivision (b) shall be punished by a fine
of not more than five hundred dollars ($500), or the person shall be
required to perform not less than 36 hours or more than 48 hours of
community service during hours when the person is not employed and is
not attending school, or a combination of fine and community service
as determined by the court. It is the intent of the Legislature
that the community service requirements prescribed in this section
require service at an alcohol or drug treatment program or facility
or at a county coroner's office, if available, in the area where the
violation occurred or where the person resides.
(2) Except as provided in paragraph (3), any person who violates
subdivision (a) by furnishing an alcoholic beverage, or causing an
alcoholic beverage to be furnished, to a minor shall be punished by a
fine of one thousand dollars ($1,000), no part of which shall be
suspended, and the person shall be required to perform not less than
24 hours of community service during hours when the person is not
employed and is not attending school.
(3) Any person who violates subdivision (c) shall be punished by
imprisonment in a county jail for a minimum term of six months not to
exceed one year, by a fine not exceeding one thousand dollars
($1,000), or by both imprisonment and fine.
(f) Persons under the age of 21 years may be used by peace
officers in the enforcement of this section to apprehend licensees,
or employees or agents of licensees, who sell alcoholic beverages to
minors. Notwithstanding subdivision (b), any person under the age of
21 years who purchases or attempts to purchase any alcoholic
beverage while under the direction of a peace officer is immune from
prosecution for that purchase or attempt to purchase an alcoholic
beverage. Guidelines with respect to the use of persons under the
age of 21 years as decoys shall be adopted and published by the
department in accordance with the rulemaking portion of the
Administrative Procedure Act (Chapter 3.5 (commencing with Section
11340) of Part 1 of Division 3 of Title 2 of the Government Code).
Law enforcement-initiated minor decoy programs in operation prior to
the effective date of regulatory guidelines adopted by the department
shall be authorized as long as the minor decoy displays to the
seller of alcoholic beverages the appearance of a person under the
age of 21 years. This subdivision shall not be construed to prevent
the department from taking disciplinary action against a licensee who
sells alcoholic beverages to a minor decoy prior to the department's
final adoption of regulatory guidelines. After the completion of
every minor decoy program performed under this subdivision, the law
enforcement agency using the decoy shall notify licensees within 72
hours of the results of the program. When the use of a minor decoy
results in the issuance of a citation, the notification required
shall be given within 72 hours of the issuance of the citation. A
law enforcement agency may comply with this requirement by leaving a
written notice at the licensed premises addressed to the licensee, or
by mailing a notice addressed to the licensee.
(g) The penalties imposed by this section do not preclude
prosecution under any other provision of law, including, but not
limited to, Section 272 of the Penal Code.
 

bbulich19

Junior Member
what does this mean

would anyone know what the fines or even a more harsh punishment would be....should i plead no contest and beg to the judge.......please help
 

bbulich19

Junior Member
also one more question

they gave me a slip when i got my ticket and it said that i had to go be booked a few days before court...what does this mean...is it bad or just precautionary
 

CdwJava

Senior Member
bbulich19 said:
they gave me a slip when i got my ticket and it said that i had to go be booked a few days before court...what does this mean...is it bad or just precautionary
Being "booked" means that you have to be printed and have your photo taken.

As for the penalties, I posted the sections containing the penalties in my reply above.

- Carl
 

bbulich19

Junior Member
what section???????//

The officer did not specify what section i violated on the 25658 (furnishing to minors)charge...why?..what section do you think i will fall into?..is begging at court a bad idea..or asking for informal consequences...is this even possible??
 

CdwJava

Senior Member
bbulich19 said:
The officer did not specify what section i violated on the 25658 (furnishing to minors)charge...why?..what section do you think i will fall into?..is begging at court a bad idea..or asking for informal consequences...is this even possible??
I'm guessing it's B&P 25658(a) ... since you can't legally BUY it for the others, all you are likely charged with is furnishing it.

So, you appear to face up to $1,000 in fines and up to 24 hours of community service for that offense.

Yes, you CAN beg, but it's a coin toss.

- Carl
 

Turtle1

Junior Member
bbulich19 said:
What is the name of your state? california

hey everyone...well heres my situation i sure hope someone can help me and make me feel a little more educated about all this..well the onther night on my birthday we went up camping in santa cruz and i brought some beer(by the way i am 20) Me and my buddies were drinking and we are all the same age except one was 17..so i got a mip (25662a) and charged with furnishing alcohol to minors (25658) is there anything i can do..i really have no idea what i should do or should be doing ...does anyone know the fines or consequences for there...if anyone has any info to give me it would be greatly appreciated..thanks

In this state of Massachussetts, it's only a misdemeanor and there is no jail time but a fine imposed. Chill. no worries man.
 

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