Legal Question in Criminal Law in California

In Santa Barbara, Ca. Got a ticket for open container on street (infraction).Now officer changed it to misdemeanor.I am 26 years old, and I keep reading that open containers are infractions. The officer even told me it would be, but now, a couple weeks later, he's changed it to a misdemeanor. I got the proof of service letter through the mail. Should I sign it? The code and section for an open container in Santa Barbara is 9.05.010:

http://www.santabarbaraca.gov/civicax/filebank/blobdload.aspx?BlobID=12151 (page 327). Thank you for taking the time to read my post. - edit


Asked on 8/17/13, 6:44 pm

2 Answers from Attorneys

Zadik Shapiro Law Offices of C. Zadik Shapiro

You need an attorney. You do not want to plead guilty to a misdemeanor. Assuming you have not gone to court yet, you do not know whether the District Attorney is charging the case as a misdemeanor or a felony. If it is charged as a misdemeanor, you are entitled to an appointed lawyer if you cannot afford one. I would suggest that when you go to court you ask whether it is charged as a misdemeanor or an infraction. If it is charged as a misdemeanor and you are financially eligible you can ask for an appointed attorney. Otherwise, you ask for time, and the judge will give you time, to hire an attorney. I suspect the courts are sufficiently crowded that an attorney can get you an infraction. Few judges or DA's want to go to a misdemeanor jury trial on a open container case.

As to whether you sign the proof of service letter, it makes no difference.

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Answered on 8/17/13, 8:50 pm
Anthony Roach Law Office of Anthony A. Roach

It sounds like you received a citation, which is a promise to appear, not a proof of service.

The actual code section that I am familiar with is Business and Professions Code section 25620, subdivision (a). A violation of that section is an infraction, not a misdemeanor. I'm not sure what is listed on your citation.

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Answered on 8/17/13, 8:53 pm


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