Criminal Law Questions? Ask a Criminal Lawyer.
In criminal cases there will not be any additional information entered on the case until it has completely gone through the courts and is finished. Then, once the case is complete, it usually takes several months for anything to actually appear on your criminal record about the recent convictions. Can you tell me how long ago you went to court for your last court appearance and what was the penalty that you were given by the court (fines? probation?)
I was convicted on 21 may my first court date was on 18 th Oct no record at that time I told the Abc, Abc mailed me a new court date same result no record ....what would be my next step....no fine as court did have any records of me...
Hello again Harnek -
I am sorry but I am still confused by your explanation. You state that you were convicted on May 21 but did not go to court until Oct 18 ? Do you mean that you were caught selling the alcohol to minors on May 21 and then went to court on Oct 18 ?
Finally, what exactly happened at the court date on Oct 18? Was the case continued to another court date? Was it dismissed from the court because they could not find a record of you in the system?
It is hard for me to tell you what to do -- or NOT do, if I do not know what happened in your case.
when I went to court on18. Aug the court clerk said they have nothing on me except the booking release...again I got letter from ABC about my new court date that's Sept 18 ... And again court clerk told me they have on my record...
Hello again Harnek --
Okay -- you need to contact the ABC investigation offices to determine what the status of your case is at this time. It seems to me that they have not actually charged you with anything because they do not seem to have anything at the court when you appear for your cases to be heard. THis could be a delay by the ABC or just a delay by the court -- so your first step here is to call up the ABC and ask to speak to someone in the investigations unit and ask them about your case -- what is the status and do you have to attend further court dates because each time you have appeared the court does not have any information about you or your case. They should be able to tell you what is happening with the case and what is going to happen with the case. If they send you a summons to appear for another court date and you go to the court date and the clerk tells you that the court still does not have any information about your or your case to move the matter forward then you should ask the clerk to dismiss the case against you. They may refuse to do so on that court date, but if you then appear at another court date and the same thing happens you can ask again for a dismissal of the charges against you -- eventually, after several months of having you come back to court and there is still no information and the ABC and the authorities do not move forward to prosecute the case against you, if you keep asking for a dismissal, the court will grant a dismissal. You may also want to talk to a local attorney who handles such matters -- the attorney can contact the courts and the ABC for you and find out exactly what is happening with your case and if the ABC is actually going to prosecute you for these matters. A local attorney should only cost you a few hundred dollars to make some telephone calls for you and you could get to the bottom of the matter quickly. Here is an internet link to the California lawyer referral service -- you call them up and tell them your location and they will give you the names of several lawyers right in your area who handle such criminal charges for alcohol related violations. http://www.calbar.ca.gov/Public/LawyerReferralServicesLRS.aspx
At this point, you need to know if the ABC and the prosecutors are actually going to go forward with this matter and if not, then you are entitled to know that and to have it dismissed against you.
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