Under 21 And Caught In Possession Of Alcohol:
If you are under 21 and caught drinking, a police officer can issue you a citation for misdemeanor minor in possession of alcohol (“MIP”) (California Business and Professions Code Section 25662).
FAKE ID: If you are under 21, and use a fake ID to buy alcohol or get into a bar, you can be cited for a misdemeanor false identification violation (California Business and Professions Code Section 25661).
OPEN CONTAINER: If you are caught drinking in public, you can also be cited for an Open Container violation (California Business and Professions Code Section 25620).
What can happen you are cited for MIP or a Fake ID ?
You can be convicted of a misdemeanor, which will appear on your criminal record.
You can lose your driver’s license for one year (regardless of whether you were driving a car). Under California law (Vehicle Code Section 13202.5), when a minor is convicted of an alcohol-related crime, your driver’s license may be suspended for one year. Even if you appear in court, and the judge or prosecutor offers to reduce your charge to an infraction, and you are convicted, then the court sends this conviction information to the DMV, which then automatically suspends your license for one year.
If you are driving a car, and under 21 years old, then you can be charged with a DUI (driving under the influence) if your blood alcohol content is .05 percent or higher, and you can have your license suspended for a year if there’s any trace of alcohol in your body (even just .01 percent blood alcohol content)
You need an experience attorney to go to court and fight for your rights and your best interest !
Drunk And Disorderly
California Penal Code Section 647(f): Public Intoxication
Under Penal Code section 647(f), it is a misdemeanor offense to be drunk in public. This offense covers a variety of drunken behavior, from fighting while in public, being unable to care for your safety, to being passed out on a sidewalk. A conviction means a sentence that can include probation, fines, alcohol restrictions and other penalties.
The term “public place” has been broadly interpreted by courts.
Drug Possession
- Caught with Drugs? Then you need an experience attorney to fight for you.
- Did the police violate your rights when they searched you, your car, or your house? We can file a motion to suppress the illegally seized evidence.
- Need someone to advocate for your rights? Call or email today!
California Drug Possession Laws
California state laws include two broad categories for crimes of drug possession: simple possession and possession with the intent to sell. In terms of punishment, there is a big difference between possessing drugs for personal use and possession with intent to sell. The criminal charges depend on the amount of drugs in your possession as well as other evidence found by the police.
If you are charged with a drug offense, you will need to mount a vigorous defense including motions to suppress and challenges to search warrants.
Possession for Sale
A prosecutor can charge a someone with Possession For Sale of drugs if they believe that the person intended to engage in drug dealing. Drug Dealing is prosecuted as a felony and has much more serious punishment than possession for personal use, also known as simple possession.
Simple Possession
Possessing illegal drugs for personal use is a misdemeanor in California. Although this is less serious than a charge for drug dealing, it can still result in a criminal conviction on your record, fines and other penalties.