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My minor (16 years) son got a ticket, while we were out of

town, with code sections PC...
My minor (16 years) son got a ticket, while we were out of town, with code sections PC 272x15 B&P 25662 (A) and B&P 25658 (A) and crimes: Contributing to minors / furnishing to minors /minor in possession. What could be the consequences and the best options on hand. This is the first incident.
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Answered in 1 minute by:
5/29/2013
Ely
Ely, Counselor at Law
Category: Criminal Law
Satisfied Customers: 102,923
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

I am very sorry for your son's situation. Can you please tell me if he is facing these charges in Juvenile Court or was he charged as an adult?

This is not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
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Customer reply replied 4 years ago

Its a Juvenile Citation.

Thank you, friend.

OVERVIEW
Here, technically, he is facing up to a year in jail, or a fine, and/or probation. However, that is unlikely to happen.

Unlike California's criminal court which sees punishment as its primary goal, California's juvenile justice system sees treatment and rehabilitation of juvenile offenders as its primary goal. As such, unless the minor is convicted for a dangerous criminal activity that poses a threat to others, the chances of him being incarcerated are slim to none. The Court normally decides on treatment programs, "shock therapy" (i.e. a trip to a prison), and community supervision as ways to treat and rehabilitate (and to scare straight) a minor.

To this extent, even the terms "guilty" and "not guilty" are replaced by "admission" and "denial." In other words, the criminality of the matter is reduced significantly.

Even if one is convicted of anything, upon turning 18, the record is sealed.

WHAT TO EXPECT
Since he has no prior criminal history, the chances of maximum punishment is unlikely. This will likely end in a plea deal, as close to 95% such cases do.

This will not be over on the first hearing, typically. The first setting is the arraignment where a plea is entered (NOT GUILTY/DENIAL). Then this will be reset for "trial" which would really give his attorney and the prosecutor (DA) to discuss a plea deal. He may also plead NOT GUILTY/DENIAL himself and then get an attorney later, or, already have an attorney the first time in Court.

Essentially, he has a choice.

1) plead guilty (admission) and simply hope that the Court takes pity on hi (not recommended, and the Judge will likely not);
2) take the matter to trial and risk either being convicted, or, acquitted of charges (risky); or
3) make a plea deal with the DA.

The DA's leverage is that possible certainty that he would be found guilty if he takes this to trial.

His leverage is not only possibility of being found not guilty if taken to trial, but also the pressure exerted unto the DA if the defense pushes for trial, which means man hours, preparation, and a lot of court time.

Because these are relatively minor charges when all is said, and he has no criminal record, the DA may and likely will be willing to negotiate a plea bargain including some counseling, possibly community hours, and possibly no conviction even upon end of agreed actions for him to do. He can always choose to go to trial, of course, but this is recommended only if he is confident that his attorney will find him not guilty.

COUNSEL
May I recommend the CA Bar referral program - here. The attorneys are vetted and qualified. You should be able to find an attorney you are confident with and whom you can trust, and who is available ASAP.

If finances are an issue, let me know, and I can provide links to possible pro bono attorneys in the state.

I hope this helps and clarifies. Best of luck.

Please note: I aim to give you genuine information and not necessarily to tell you only what you wish to hear. Please, rate me on the quality of my information and do not punish me for my honesty. I understand that hearing things less than optimal is not easy, and I empathize.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE my answer when we are finished. Kindly rate my answer as one of the top three faces and then submit, as this is how I get credit for my time with you. Rating my answer the bottom two faces does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith. (You may always ask follow ups at no charge after rating.)
Ely
Ely, Counselor at Law
Category: Criminal Law
Satisfied Customers: 102,923
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Customer reply replied 4 years ago

The officer told him that he will be on probation and the ticket is from the Juvenile division santa clara county probation department. It also says "This is a citation for the above named minor and a parent to appear, as promised, at the Santa Clara county probation department when notified. The probation department will notify you of the date, time and place where you are to appear." Does this information help to get more clarity on the consequences.

Hello and thank you for your follow up.

The officer told him that he will be on probation and the ticket is from the Juvenile division santa clara county probation department. It also says "This is a citation for the above named minor and a parent to appear, as promised, at the Santa Clara county probation department when notified. The probation department will notify you of the date, time and place where you are to appear." Does this information help to get more clarity on the consequences.

This helps clarify the matter, although my original answer stands AS IS. It is simply that at this time, he should stay out of trouble and once the DA is ready to have the case heard (if they are ever, the matter may simply be dismissed), you will be notified via mail of the date and time. It may be a few months. He should simply take care not to get into any trouble at this time.

It is best to retain counsel now ahead of time, so as not to scramble at the last second.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE and submit your rating when we are finished.
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Customer reply replied 4 years ago

Thanks for your response. What does PC 272x15 mean?

Friend,

Thanks for your response.

You are most welcome.

What does PC 272x15 mean?

This stands for "Contributing to the Delinquency of a Minor | California Penal Code 272."

B&P 25662 (A) - CA Business & Professions Code 25662 "Minor in Possession of Alcohol"

B&P 25658 (A) - CA Business & Professions Code 25658 "Furnishing Alcohol to a Minor"

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE and submit your rating when we are finished.
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Customer reply replied 4 years ago


One more question. Should we wait to recieve the notification from the probation department and then decide if we should engage a lawyer or should we proactively engage a lawyer to handle the case? Also what does the x15 mean in the code 272x15.

Friend,

I have to go offline for a bit (emergency) but I will reply by late evening. Apologies in advance. No need to reply to this communique.
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Should we wait to recieve the notification from the probation department and then decide if we should engage a lawyer or should we proactively engage a lawyer to handle the case?

You should engage an attorney as soon as possible now.

x15 mean in the code 272x15.

I cannot say - likely, it is something that the local jurisdiction does which likely has no real bearing on the case.
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Customer reply replied 4 years ago

You mentioned earlier that the matter may get dismissed, so want to understand why it would be beneficial to engage a attorney now.

Hello,

It may, but the prosecutor is not going to do you any favors. By "dismissed," I do not mean simply dropped, but perhaps dismissed if he does certain community service, pays a fine, etc, as part of a plea deal, for which an attorney is needed to make.
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Customer reply replied 4 years ago


Thank You for the advise. We will do it.

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Ely
Ely
Ely, Counselor at Law
Category: Criminal Law
Satisfied Customers: 102,923
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