Hi - my name is XXXXX XXXXX I'm a Criminal
Law litigation attorney.
If he never receives a citation for the offense, then he has not been charged or cited for any crime. Therefore, it may be that nothing ever comes of this.
If he were charged and convicted, Ca. Business and Professions Code 25662 provides punishment of community service and/or a fine; however, it is a misdemeanor
, which means that a conviction will become part of one's permanent criminal record
, which is why it is critical to fight this charge.
In addition, Vehicle Code 13202.5 VC provides that a conviction for violating California's minor in possession law will result in a one-year suspension of the minor's driver's license or a one-year delay in his opportunity to obtain a driver's license if he is not old enough to obtain a license. This law further provides that an additional one-year suspension will be added to each subsequent underage alcohol or drug-related conviction that he suffers. Thus, the consequences can be serious.
Whether you would have a claim for harassment would depend on whether or not the search was proper. In order to have probable cause
, the officers would have to show that they had a suspicion that wrongdoing or something illegal way taking place. If they were there on a noise complaint
, it is likely that their inspection of the dorm rooms was legal. Thus, you'd likely have a hard time establishing that the officers did something illegal.
It's likely best for your son if this just goes away, which it should if no citation was issued.