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Minor Possession but 18 on court date.

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Jzensen

Junior Member
CALIFORNIA


My name is zach, and I was involved in a minor possession ticket. (Code 208 Section b)
The ticket was issued on August 25 2008. The court date on the ticket is 10/25 yet I turn 18 sept 13. I was just wondering if this could be dropped because of being of legal age to smoke. On the ticket it says must bring 1 parent, yet I am currently an adult. Can I either get out of this ticket or fight it?
 
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CdwJava

Senior Member
You were under 18 when you were charged. The fact you might be 18 when you go to court is not relevant.

You can contact the court and ask if you must bring a parent due to the fact you will be 18 when you appear ... but, you do not want to disregard the notice out of hand.

And the offense is PC 308(b) - not 208.

- Carl
 

Jzensen

Junior Member
is there any way i can fight it?? or... do u think they will make bring a parent/guardian? How much will the fine be?? can or can not the ticket be dropped?
 

CdwJava

Senior Member
is there any way i can fight it?? or... do u think they will make bring a parent/guardian? How much will the fine be?? can or can not the ticket be dropped?
You will probably have to bring an adult parent or guardian with you, but that's something you can ask about.

The only way to fight it is to argue that the detention was unlawful, or that you did not in fact have a cigarette or tobacco products. Do you have the money to fight this?

It's a small fine and community service. It's not a big offense. But, if you can afford it, you might consider consulting an attorney ahead of time anyway.

- Carl
 

Jzensen

Junior Member
Exactly how much is the fine? Is it both a fine and community service?... Altogether the cost of this will be??
 

CdwJava

Senior Member
Here is the offense:

308(b) Every person under the age of 18 years who purchases,
receives, or possesses any tobacco, cigarette, or cigarette papers,
or any other preparation of tobacco, or any other instrument or
paraphernalia that is designed for the smoking of tobacco, products
prepared from tobacco, or any controlled substance shall, upon
conviction, be punished by a fine of seventy-five dollars ($75) or 30
hours of community service work.

- Carl
 

Jzensen

Junior Member
Here is the offense:

308(b) Every person under the age of 18 years who purchases,
receives, or possesses any tobacco, cigarette, or cigarette papers,
or any other preparation of tobacco, or any other instrument or
paraphernalia that is designed for the smoking of tobacco, products
prepared from tobacco, or any controlled substance shall, upon
conviction, be punished by a fine of seventy-five dollars ($75) or 30
hours of community service work.

- Carl
so ive never been court before... ummm. will i have to fill anything out? Will there be anyo other fees i ahve to pay.. cause i am broke****************************************************************************************************************..... lol...
 
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stealth2

Under the Radar Member
so ive never been court before... ummm. will i have to fill anything out? Will there be anyo other fees i ahve to pay.. cause i am broke****************************************************************************************************************..... lol...
LOL If you quit smoking, you'd have some money, silly one.
 

Indiana Filer

Senior Member
Jzensen,

Just tell your parents. They're going to find out anyway, since you were under 18 when you were cited. In my experience as a juvenile probation officer, parents would much rather hear the news from their child than from a letter in the mail or by any other method. And they're going to find out.
 

CdwJava

Senior Member
so ive never been court before... ummm. will i have to fill anything out? Will there be anyo other fees i ahve to pay.. cause i am broke
If you plead guilty, yes, you will have to fill some paperwork out. And, yes, you will have to pay some fees and assessments. The total fees could be just shy of $200.

And you MIGHT get a letter in the mail with more info. If not, just show up in court as arranged ... or, if the cite indicates it, wait until contacted by juvenile probation.

- Carl
 

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