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Samuel II
Samuel II, Attorney at Law
Category: Criminal Law
Satisfied Customers: 21745
Experience:  Handle criminal matters in both state and federal courts.
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My 18 year old son was arrested recently in Santa Barbara,

Resolved Question:

My 18 year old son was arrested recently in Santa Barbara, CA for possession of alcohol by a minor and resisting/obstructing officer (when asked to hand over a bottle of beer he smashed it on ground instead). He spent the night in jail and was released next morning.
His citation says warrant bail is $0 but charge bail and charge bail is $2500.00. He was not asked to pay anything but must appear in court on 10/1. What can he expect that day?
Will he be required to pay that 2500.00 or a lesser amount as a fine? Community service?
Thanks.
Submitted: 12 months ago.
Category: Criminal Law
Expert:  Samuel II replied 12 months ago.
Hello

Welcome and thank you for your question

I am an attorney with more than 25 years of experience and I look forward to providing you true and correct information in this regard.

Please remember, I can only answer what you ask and so if you have follow up questions, please post them here for full and accurate information before rating. If there are no other questions in this regard then I thank you in advance for your positive rating

I am sorry to hear of this matter

The resisting arrest is a misdemeanor crime and has a Possible sentence of up to 1 year in jail and a fine not to exceed $1000

And the Minor in Possession of Alcohol is also a misdemeanor but only carries a fine of not more than $250 and community service for a first offense.

I suggest he may try to have the Resisting dropped. But either way, I suggest there would be no jail time and just fines.
Customer: replied 12 months ago.
Thank you. How does he attempt to get resisting charge dropped? What significance does the $2500.00 charge bail on the citation have?
Expert:  Samuel II replied 12 months ago.
Hello

I suggest that the bond is set at $2500 in case he does not appear. Then he will also have to pay that

To negotiate the dismissal of the charge, he should consult with the Public Defender if he cannot afford a private attorney and they will do that.

I suggest your son does not want to try to talk to the DA first because the DA does not have to speak to him and next because anything he says can and will be used against him
Customer: replied 12 months ago.
Thanks again. One last question, will this arrest go on his permanent record or will it drop off after x number of years?
Expert:  Samuel II replied 12 months ago.
Hello

On a first offense for the Minor in Possession, it is possible to have a deferred adjudication meaning if he completes all the terms of probation and community service the matter will be removed and not be reported as a conviction.

SO that is also something his local attorney or Public Defender can discuss with the DA
Customer: replied 12 months ago.
What about the charge of resisting.
Expert:  Samuel II replied 12 months ago.
Hello

Well hopefully that will be dismissed. And so there is no issue. Otherwise, he will need to wait until he is 21 and file for an expungement.
Samuel II, Attorney at Law
Category: Criminal Law
Satisfied Customers: 21745
Experience: Handle criminal matters in both state and federal courts.
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