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Minor possesses false ID and Minor Consumption of alcohol

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cccampbell23

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

What is the name of your state (only U.S. law)? CA

this past weekend i was at a party at my college and the cops came and all the underage kids began to take off. i was unfortunately caught in the neighbors back yard and cuffed and was told to sit on the curb. the cop asked me for ID and i told him it was in my wallet in my back pocket, he took out my wallet and began searching through it. he found my real id, and my fake id (which is an exact replica of my real id, w/ a different age), he asked me how old i was and i told him 19 and he asked about the fake and i told him it was not real... he then breathalized myself and the other 10-15 minors sitting on the curb (i blew a .127). i ended up being uncuffed and told to leave... i was given a misdemeanor for the false id and an infraction for the MIC. upon leaving i asked the officer if i HAD to go to court, and he told me i could settle it all online by paying my fines, which goes against everything ive ever read about misdemeanors.
im in need of any sort of advice on what i should do and how i should go about this. ive already began seeking any sort of free or cheap law consultation to try and get some insight on the topic. and there is no way i can afford a lawyer/attorney...
 


Isis1

Senior Member
Have you tried checking online to see if you input your ticket number? Maybe plea guilty and pay fine button pops up?
 

CdwJava

Senior Member
I, too, find it peculiar that you can plead guilty and pay a fine online for a non-traffic misdemeanor. This is the kind of offense you can go to jail for.

I suspect you should show up at the court listed on the citation at the date and time indicated and ask any questions there. That first hearing will be the arraignment. If the state is pursuing the false ID charge as a misdemeanor you should be given information on ho to obtain court-appointed counsel.
 

cccampbell23

Junior Member
ive tried looking online for my citation number and it says it has to process for 2 to 3 weeks.
i feel as though the officer gave me false information on the whole "being able to handle EVERYTHING online" shpeal. they were campus police so i doubt they knew the exact processes.
would anyone be able to explain to me the best and worst possible outcomes for these offenses... i have a clean record otherwise.
 

CdwJava

Senior Member
ive tried looking online for my citation number and it says it has to process for 2 to 3 weeks.
i feel as though the officer gave me false information on the whole "being able to handle EVERYTHING online" shpeal. they were campus police so i doubt they knew the exact processes.
would anyone be able to explain to me the best and worst possible outcomes for these offenses... i have a clean record otherwise.
What code sections were you cited for?

And if municipal codes, what city/county are you in?
 

cccampbell23

Junior Member
code 25661 (a) btp or bhp (cant really read handwriting) - minor possess false id (misdemeanor)
code 56.61 (b) sdmc - minor consume alcohol (infraction)

written up at a house a few blocks from SDSU in san diego, CA by the SDSUPD.

i have to go to work now, but i will be back on later and periodically checking this for any advice... thanks
 

CdwJava

Senior Member
A first offense to the misdemeanor 25661(a) B&P would be punishable thus:
"... shall be punished by a fine of at least 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 nor 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."​
The muni code infraction should be punishable by a fine of no more than $250.

Understand, however, that fees and assessments can more than double some of these fines so be prepared to have to pay a few dollars.

When I was down there these would both be handled in traffic court. I do not know if the procedure is the same today.
 

cccampbell23

Junior Member
so for a first offense i cant lose my liscense?
i am in desperate need of being able to drive my vehicle, its about a 20 mile commute to school and i also have to drive about 3 miles to work, and i do both full time.
the ticket says that my court date is the in december and i need to go to the actual county courthouse, not the traffic division.
 

CdwJava

Senior Member
so for a first offense i cant lose my liscense?
i am in desperate need of being able to drive my vehicle, its about a 20 mile commute to school and i also have to drive about 3 miles to work, and i do both full time.
the ticket says that my court date is the in december and i need to go to the actual county courthouse, not the traffic division.
Pursuant to CVC 13202.5 the court "shall" suspend your driving privilege for one year. You can apply for a hardship license, but typically you will have to suffer at least a short suspension before the court will accept that.

Go to where the citation tells you unless you receive written notice in the mail telling you different (and that was the norm back in the day ... it may be different now).
 

cccampbell23

Junior Member
ive talked to a couple lawyers and both of them quoted me at $1500 which is way more expensive than i can handle... do you think i would actually get my $1500 worth with a lawyer or is the case kind of up in the air and it could go 50/50 with a public defender?
 

CdwJava

Senior Member
ive talked to a couple lawyers and both of them quoted me at $1500 which is way more expensive than i can handle... do you think i would actually get my $1500 worth with a lawyer or is the case kind of up in the air and it could go 50/50 with a public defender?
If you can afford an attorney, you may not be eligible for a public defender.

But, a PD certainly knows how to negotiate a plea and who to talk to about it.
 

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