Misdemeanor citation

What is the name of your state? CA
Recently I allowed my 17 yr old daughter to throw a small party . A couple dozen kids showed and there was some drinking. All but 2 of the kids were 18 and over. In my backyard, very orderly and calm get together until nosy neighbor complained of noise at 11:00 pm. Long story short, cops arrive, walk straight into backyard and house before they realized I was home. Cops chase all kids home and ticket me for contributing to minors.

I'm mad as hell but know I'll get over it and just pay fine. Should I pay the fine and shut up or get attorney to keep this off record? How stiff can these fines be and should I be concerned? What else might this citation effect as regards auto insurance, credit etc?

Paranoid, conservative, never throw party for kid again, Dad

My response:

I hope your credit is good. You're going to need a bank loan for all the fines - - remember, one fine for EACH kid. This could be many thousands of dollars. You don't have a defense. You were caught dead-to-rights on this one.

IAAL

By a fine per kid I assume those under 18, correct?

mrhank said:

By a fine per kid I assume those under 18, correct?

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My response:

No, those under 21. The drinking age in California is 21. Didn't you know that?

Oh man, are you screwed. The judge is going to have a "field day" with you and your wallet.

IAAL

Give me a break, this was a small group of kids and I didn't provide anything and I can certainly say I didn't condone it. What's a judge gonna do, make me pay through the nose for a lapse in judgement.

My further response:

. . . oh, I forgot - - one more thing. You had better hope that the parents of the kids "under 18 year old" don't sue your pants off. Your Civil liability to those parents is so wide open, it's like a tooth with exposed nerves. If I was the parent of one of those kids, I'd own your home and your paycheck for the next 20 years.

IAAL

What, are you a defense attorney or something?

mrhank said:

Give me a break, this was a small group of kids and I didn't provide anything and I can certainly say I didn't condone it. What's a judge gonna do, make me pay through the nose for a lapse in judgement.

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My response:

You said there were a "couple dozen" kids at the party. It doesn't matter that you "didn't condone it." That's not a defense. You are the homeowner, responsible for what goes on on your property.

And yes, a judge WILL make you pay through the nose - - to the tune of 24 times. Most laws are broken due to a lapse in judgment. Still, that's not an excuse or a defense.

Good luck. You're going to need it.

IAAL

My further response:

. . . and you thought I was kidding.

Sales, Etc., to Minors: Any adult serving alcohol to a minor is liable for criminal and civil charges. 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 is guilty of a misdemeanor, contributing to the delinquency of a minor, whether the children are their own or their children’s friends. If minors have been asked for or have charged money to help pay for the alcohol, the parents may be liable for criminal or civil charges arising from the subsequent actions of the minor. Penal Code Section 25658


Contributing to the Delinquency of a Minor: Every person who commits any act or omits the performance of any duty, which act causes or tends to cause or encourage any person under the age of 18 years to violate any law . . . is guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding $2500.00, or by imprisonment in the county jail for not more than one year, or by both. . . Penal Code Section 272

IAAL

My further response:

There is, as you can read above, the potential for $60,000.00 in total Criminal fines, up to $2,500 for each of the 24 children - - not to mention the potential for jail time.

I wasn't kidding with you. This is nothing to be "kidding" about.

IAAL

Listen to IAAL, he is 100% correct. Each one of those kids parents can sue you in civil court.
I don't think you realize how lucky you are that none of those kids were involved in any accidents.

My response:

I don't think we'll be hearing from "MrHank" again. I think that he may have slipped into a coma after reading my responses.

He's in deep poo-poo.

IAAL

IAAL

I still don't think he realizes how serious this situation can get!!

Re: IAAL

TeeK58 said:

I still don't think he realizes how serious this situation can get!!

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My response:

I have a feeling you're right. Especially when he says things like, "What's a judge gonna do, make me pay through the nose for a lapse in judgement" or, "What, are you a defense attorney or something?" The man is obviously in "denial."

Well, it's understandable. If I were in his shoes, I'd be putting my head in the sand too - - until a judge gave me a dose of reality.

The potential for thousands in Civil damages, and the extreme Criminal Penalties, both monetary and the potential for jail time, would be enough to send my head spinning too!

I wish him well. But, I think he's going to need a powerful, and expensive, Criminal and Civil defense attorney.

IAAL