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i get an MIP (minor in possession), and go to court, what do you think will be my punishment, i screwed up, i know it, im ready for the consequences though...also, do you know what the difference is between minor in consumption and minor in possession? do they both have different consequences? ..This is for the state of California...thanks

2007-11-09 13:39:54 · 5 answers · asked by Des 2 in Politics & Government Law & Ethics

5 answers

In regards to possession in public places pursuant to California Business and Professions Code section 25662, subdivision (a) Van O is correct. http://www.dmv.ca.gov/pubs/vctop/appndxa/buspro/bpc25662.htm

But in regards to possession in a motor vehicle pursuant to California Vehicle Code section 23224, the statewide schedule calls for a fine of $380, and probation is also very likely. http://www.dmv.ca.gov/pubs/vctop/d11/vc23224.htm

Pursuant to BPC § 25658(b), “any person under the age of 21 years who consumes any alcoholic beverage in any on-sale premises, is guilty of a misdemeanor.” The statewide schedule calls for a fine of $950 including penalty assessments and/or 24-32 community service hours. http://www.courtinfo.ca.gov/reference/documents/2007_jcbail.pdf

There is a mandatory one year suspension of your driver’s license for each conviction pursuant to CVC § 13202.5. It also appears that if you’re convicted of all three offenses then you will be facing a three year license suspension. http://www.dmv.ca.gov/pubs/vctop/d06/vc13202_5.htm

Additional Details:
I had presumed that by minor you were actually referring to be under 21. I just read you other post that you're under 18. Since you're an actual minor, you will be going to the juvenile court for this. The maximum hours of community service and driver's license suspension is much more likely there than all of these huge fines we just talked about.

*/End of Line.

2007-11-11 15:09:45 · answer #1 · answered by Superman 6 · 2 0

Don't ever go to court without first talking to a lawyer. If you can't afford a lawyer you can ask the court to provide one. The reason for this is quite simple, lawyers know the law, they know what you can do to minimise your punishment. Very often, when someone in unrepresented they will screwed by the courts.

Your punishment should be minor. The amount of punishment usually depends on demonstrating that you are a good person. Maybe it is character witnesses, academic record, how you dress, and how polite you are. Even if the lawyer is not in court, they advice you on what to do.

By the way, as a minor you can't in court without an adult representative. It doesn't have to be your parents but make it is someone responsible.

2007-11-09 13:54:50 · answer #2 · answered by flingebunt 7 · 0 0

The maximum punishment is a $250 fine (but with assessments that can be up to around $800), OR 24 to 32 hours of community service.

2007-11-09 13:45:26 · answer #3 · answered by Anonymous · 0 0

Do you know what section of the law they charged you with? For example Penal Code Section 2300 or something like that?

That helps us answer your question and I would also like to know because of other similar questions I have seen here.

Anyway, I would bet that you will be offered some sort of alcohol education and diversion program, community service and a fine. If you complete that, you may come out of this without a record.

2007-11-09 13:49:52 · answer #4 · answered by raichasays 7 · 0 0

weak up.

2007-11-09 13:45:48 · answer #5 · answered by daark 3 · 0 0

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