California MIP

[DJG10]

What is the name of your state (only U.S. law)? California
I was at a party last night, and had a few sips of barcardi in a waterbottle, and was walking outside with it right as a cop pulled up. He gave me an MIP (Code 25662 (A) B&P Misdemeanor - Minor in poss of alcoholic bev "it was barcardi" 1/7 full- small water bottle.

I am only worried about how this will affect college admissions, because having a misdemeanor on my record will invalidate me from most colleges, and I have to say whether I have a misdemeanor or not on the common app. Currently I have a 3.8 GPA (4.5 last semester), 6 5's on AP tests (going into my senior year), a 2290 on my SAT. I am also currently 16 years old, turning 18 my freshman year of college in december, so Expungment is not an option right now.

Is there any way (and what are the chances) that I can get the misdemeanor dropped from my record? what other repercussions will I face?

 

[StevenJ_420Law]

You wont need to "expunge" it in the typical sense. This is a juvi case. You'll go through juvi prob to seal it later.

Juvi Probation officers have such a wide range of powers that it really will depend on how your court has it set up with the prob office. If I took a wildazzguess you've earned your parental units hefty fines and charges, you may end up with a couple of classes and a year zero tolerance CDL suspension... You'll get more info when you speak with the probation department.

Have no clue about your college issues. This is a confidential case.

 

[DJG10]

Hm...what kind of "hefty" fines and holy crap...charges!?!
will the misdemeanor be off my record if i do all this?

and should i plead guilty? not guilty? get a attorney? what should I do?

 

[StevenJ_420Law]

Like I said, you are different because you are a <18 juvi. Its hard to say what they are going to do with you because probation and judges have so much discretion in handling a W&I petn.

But you can anticipate a fine of $700-800. If prob wants you to take a class (maybe maybe not) they will charge your parents. If you need a lawyer, they will charge your parents.

You'll have to wait and see when you meet with probation.

If you were 18-21 I would think fine $700-$800 + 1 yr CDL suspension. Since you are juvi, hard to say.

Contact Juvi prob or you might get something from them indicating a meeting with the PO.

The answer to "should I get a lawyer" is always "yes". You/parents might meet with a prob officer and get a feel for how things are going to be upon conviction (not such a serious offense, but a misd), then you can consider an attorney before you do anything like admit on the petition.

You dont really plead guilty/not guilty in W&I petitions (like adult cases), it goes a little differently - so wait and talk with the PO and get info and /or get an attorney.

This isnt the crime of the century; you'll be fine.

Good luck

 

[DJG10]

I have to pretty much wait for the police dept/probation dept to contact my parents as of right now, so I want to be ready for when that meeting or whatever comes around.

What do you think I can do to get the MIP off my juvi record? thats all i really care about, making sure that I dont have a misdemeanor on my record.
I know its probably up to the judge, but is there anything in particular I should say/do?

 

[DJG10]

And what about a diversion program in orange county? what would that do?

 

[StevenJ_420Law]

They dont normally offer diversion for a MIP case... but its worth a discussion with the PO. You can have juvi records like this sealed when you turn 18 and they are already confidential. Your PO will assist you with that when the time comes to seal it.

 

[DJG10]

The problem is, on most college applications (UCLA/Berkley/Stanford) you have to say if you have gotten a misdemeanor, and explain it, and this will definetly hurt my application process.
Is there really no way a minor can have a misdemeanor not go on my record? If not through diversion classes, then maybe through asking for it to become an infraction? This IS my first offense of any kind, and I am for all intents and purposes a very responsible student, and a very high achiever.



Also, will the cop who issued this citation be present? Will there be a report of what occured/I said, or will the only record be what is on the citation I recieved?
And since I don't plead guilty/nonguilty in a junvenile court, what is there to do?

 

[StevenJ_420Law]

You have your rights. You should seek out an attorney who can best help you assert them and if you can get any special deal, your chances are better with an attorney. If filed, its filed as a Wardship Petition and it would be admitted or denied.

The cop wont be there at first, just his report. You /your attorney will get his report. If it went on, he would be eventually called to testify.

You sound like you need a sit down with a lawyer.

 

[DJG10]

Yeah I think that would be great except they are so damn expensive, and apparently I don't get a PD unless I plead not guilty or something...and the free consultations will almost always try to market themselves by overstressing the situation .

 

[Ohiogal]

The problem is, on most college applications (UCLA/Berkley/Stanford) you have to say if you have gotten a misdemeanor, and explain it, and this will definetly hurt my application process.
Is there really no way a minor can have a misdemeanor not go on my record? If not through diversion classes, then maybe through asking for it to become an infraction? This IS my first offense of any kind, and I am for all intents and purposes a very responsible student, and a very high achiever.



Also, will the cop who issued this citation be present? Will there be a report of what occured/I said, or will the only record be what is on the citation I recieved?
And since I don't plead guilty/nonguilty in a junvenile court, what is there to do?

For all intents and purposes you are a criminal. YOU chose to drink underage. You CHOSE to be in possession of alcohol. YOU made a horrible judgment call. There are penalties for that. There are consequences.

 

[Ohiogal]

Yeah I think that would be great except they are so damn expensive, and apparently I don't get a PD unless I plead not guilty or something...and the free consultations will almost always try to market themselves by overstressing the situation .

You are so bright. Therefore, represent yourself. Oh yeah, you don't want to do that because you don't know what to do. And free consultation does NOT almost always overstress the situation.

 

[codyII]

For all intents and purposes you are a criminal.

Wow uplifting. That's kind of harsh. For something that is, for all intents and purposes, a status offense.

Drinking barcardi does not a criminal make.

If you came across a wreck on a highway and you offered assistance would there be a line of people saying 'you're a PARAMEDIC!'. (--jazzhands--)
If I accidentally solved the Rubik's cube would I expect admission to Mensa...

No need to be so drastic.

Steven J - really no diversion for MIP? I've heard of people having had some sort of pre-court settling of MIPs? I do know that not every single teenager who's been cited for MIP in CA is walking around with a misdemeanor on their record. It all depends on individual counties I suppose...
(ed: now I notice that Orange County came up, perhaps not valid?)

DJG10, it does sound like you should sit down with a local lawyer. A consultation at least to see what the options are.

 

[StevenJ_420Law]

Steven J - really no diversion for MIP? I've heard of people having had some sort of pre-court settling of MIPs? I do know that not every single teenager who's been cited for MIP in CA is walking around with a misdemeanor on their record. It all depends on individual counties I suppose...
(ed: now I notice that Orange County came up, perhaps not valid?)

There is no statutory diversion for MIP (like PC1000 is diversion for drugs/marijuana possession). For example, if you had been a first timer caught with marijuana, you would be statutorily eligible for PC1000.

Some DA's and Judges work out DA diversion sentences. As I dont know your area, I dont have a feel for how possible that is and if it were my area I would be pessimistic unless you had an attorney... and even then, not a sure thing.

I would plead not guilty and get a PD if I couldnt afford an afford an attorney. If there is a DA Diversion, the PD will know and also the can explain the ramifications of any sentencing you accept as a plea... especially what is going to happen if you blow it.

 

[DJG10]

How does one go about a pre-court diversion settlement?
and how does one go about a sit down with a lawyer? just call up anything that comes up on google?