have to speak to a judge? I really just want to get this behind me and not have to actually see a judge. I want to just pay the fine and get this out of the way. Little background on myself, I was on informal probation for the last 3 years, but I am no longer on probation. (It ended in August 2014) Is this going to change anything? Also the citation says "Notice to Appear" and I did sign something from the officer. It is also labeled as an infraction on the citation. The real one hasn't been mailed to me yet so I am not sure what to expect.
You could benefit from meeting with an attorney to discuss further. Even if you decide not to hire the attorney the consultation with him or her could help you to understand the issues and your options. Many attorneys offer a free consultation. I wish you the best.
The response above is not intended as legal advice since it’s impracticable to provide thorough, accurate advice based upon the query without additional details. It is highly recommended that one should seek advice from a criminal defense attorney licensed in your jurisdiction by setting up a confidential meeting. Moreover, this response does not constitute the creation of an attorney-client relationship since this message is not a confidential communication because it was posted on a public website, thereby publicly disclosing the information, which is another reason to setup a confidential meeting with an attorney.
I am not sure what you mean by "The real one hasn't been mailed to me yet," you have been issued a notice to appear, so you must appear. If you do not a warrant will be issued for your arrest. You do have a court date, it is listed on your notice to appear.
The procedure will be that you will appear in court and plead to the accusation of you having an open container. It can be charged as a misdemeanor, or often is reduced to an infraction. If you are charged with a misdemeanor you can ask for the assistance of court appointed counsel. If charged as an infraction you can just pay the fine if that is what you choose to do.
I see you are here in Fullerton, if you want to retain an attorney to take care of this feel free to call one of us near you. If you go that route, you will not have to appear in court.
Any answer given by me on this website is not reliable legal advice because it is based on the limited information posted by the asker. The answer specifically does not establish any attorney/client relationship and is meant solely to give general advice with the hope that the asker has a better understanding of how to proceed with their legal issue.
You have to appear or you have to have an attorney appear. If you are under 21 there are other consequences than just a fine. If you are under 21 I would recommend speaking with an attorney. If you are over 21 you can fight it by asking for a court trial or you can enter a plea and pay the fine.
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