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.
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.
Answered on 8/17/13, 8:53 pm
Related Questions & Answers
-
What does custody release mean.. also am unclear about sp4. thank you Asked 8/17/13, 4:36 pm in United States California Criminal Law
-
If a phone call is made from one county into another county in the same state... Asked 8/17/13, 11:18 am in United States California Criminal Law
-
I lost my wallet recently and the person that picked it up contacted me. She... Asked 8/17/13, 1:43 am in United States California Criminal Law
-
If someone stole my phone & I did not intentionally hurt them will I go to jail?... Asked 8/17/13, 12:13 am in United States California Criminal Law
