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Ely, Counselor at Law
Category: Criminal Law
Satisfied Customers: 102506
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I was arrested then given a ticket for 13.08.340 HBMC - Glass

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I was arrested then given a ticket for 13.08.340 HBMC - Glass Container on Beach, then released per 853.6 PC. I have to appear in court. How should I handle the appearance in court to avoid harm to my record? What are they going to ask me?
Submitted: 7 years ago.
Category: Criminal Law
Expert:  Ely replied 7 years ago.

My name is XXXXX XXXXX I am one of JustAnswer's attorneys. I'll be helping you resolve your matter today.

First off, don't worry. It's a very minor charge. If you do not have a criminal record (and I am guessing you don't), you'll have a first hearing. You can reset it if you want to get time to hire an attorney. They'll ask you (1) do you need time to hire an attorney, (2) do you want to plea now or say not guilty and go to trial. That's it. Here is my advice: ask for something called "deferred adjudication." Def. adj. is a type of probation that doesn't go on your record if completed successfully. Probably a fine, court costs, an an educational video. The DA will likely agree since you have no criminal record (def.adj. is seen as a "second chance" and is not offered to repeat offenders). That's it. You'll likely end up paying about $250, but it'll be over. Also, def.adj. in your area might be called "diversion" - but the DA will know what you mean if you mention either.

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