Skateparks and tickets

[LIGHTHOPE]

What is the name of your state (only U.S. law)? CA
I hope this is the right place to post this... My 16yr old son entered the bowl area to retrieve his backpack(containing helmet and guards) that one of his friends threw over the fence when 2 police officers happened to show up. He was on his way back up the bowl when the officers saw him and called him over. He was NOT skating- he had his bicycle but was not on it at the time. Even so, the one officer asks his name, ID, address, etc. and tells him how he's suppose to be wearing safety equipment when inside the park and why should he not cite him, when the other officer states "too late- I've already started the ticket", not giving my son the chance to let the officer know what happened. Well, when I look up info on these citations, I find that normally a warning or small fine is common for first offences, but my son was given a misdemeanor charge for merely being inside the area and now I have to appear in court with him! He has never been in any trouble whatsoever! I'm confused as to why a misdemeanor charge would be issued in the first place, and second how do I dispute this respectfully?

 

[Banned_Princess]

What is the name of your state (only U.S. law)? CA
I hope this is the right place to post this... My 16yr old son entered the bowl area to retrieve his backpack(containing helmet and guards) that one of his friends threw over the fence when 2 police officers happened to show up. He was on his way back up the bowl when the officers saw him and called him over. He was NOT skating- he had his bicycle but was not on it at the time. Even so, the one officer asks his name, ID, address, etc. and tells him how he's suppose to be wearing safety equipment when inside the park and why should he not cite him, when the other officer states "too late- I've already started the ticket", not giving my son the chance to let the officer know what happened. Well, when I look up info on these citations, I find that normally a warning or small fine is common for first offences, but my son was given a misdemeanor charge for merely being inside the area and now I have to appear in court with him! He has never been in any trouble whatsoever! I'm confused as to why a misdemeanor charge would be issued in the first place, and second how do I dispute this respectfully?

By getting a lawyer.

Misdemeanors are serious.

 

[CdwJava]

Well, when I look up info on these citations, I find that normally a warning or small fine is common for first offences, but my son was given a misdemeanor charge for merely being inside the area and now I have to appear in court with him! He has never been in any trouble whatsoever! I'm confused as to why a misdemeanor charge would be issued in the first place, and second how do I dispute this respectfully?

Most municipal codes are created as misdemeanors because the law says they have to be (for the most part). Typically these are handled in traffic court or juvenile court as infractions and not subject to the misdemeanor consequences.

In short, the police do not have to give a warning. Your son can go before a judge and offer up his defense. And, the officer can offer up what he or she saw. You might discover that the officer saw something more than your child told you about.

So, you and your son need to attend the hearing as indicated on the citation and take it from there. Chances are if he is convicted he will face a fine and a tongue lashing.

 

[LIGHTHOPE]

Thank you. I was dumbfounded since the UMC reads:
12.36.070 Violations, penalties and enforcement.
Any person violating any of the provisions of this chapter shall be subject to removal from a skateboard/skating area, and such violation shall be punishable as an infraction as provided in Section 1.16.020 of the Upland Municipal Code.
Notwithstanding the provisions of Section 1.16.010, any person, firm, partnership or corporation violating any provision of this code or failing to comply with any of the requirements thereof, where such violation or failure is denominated an infraction, shall be deemed guilty of an infraction, and unless otherwise provided by law, upon conviction thereof, shall be punished by a fine not exceeding $100.00 for a first violation; by a fine not exceeding $200.00 for a second violation of the same provisions within one year; and by a fine not exceeding $500.00 for each additional violation of the same provision within one year.
I was unaware that infractions were treated as misdemeanors. Still illogical if you ask me to word it one way but it's actually another. I mean, it would be so much easier to just send in the fine amount vs. taking a day off work in these economic times.
By the way, I did speak with the one officer and he confirmed my son's story and to top it off, he even told me that he often sees my son there at the park or around downtown and that he's never seen him display inappropriate behavior.... I told the cop maybe he should check him out at home!!
Anyway, thank you for the help. Court is next week...

 

[StevenJ_420Law]

what do you mean by "given a misdemeanor"

Is it because that is what the officer marked or that is what is on doc's you've received from the court? Lots of times the officers circle the "M" for misd but the DA files as an infraction.

If the STATE (not officer) has charged him with a misd, you guys will be meeting with a prob officer who will likely have almost complete control of the case.

If its an infraction court by court is different - some handle them same as adults (ie its a ticket and you'll get notice in the mail with your options) and some refer them to juvi prob.

In all cases, he can plead not guilty (or juvi hearing- deny the charges).