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I was charged with 23110a misdemeanor in Ca.I Do not have any police record. I threw a cup out a window and it hit a police car.

San Clemente, CA |

What charges can I expect? I have never been int trouble with the police at all. I want to be a police officer, will this come up on my background check? I wasn't finger printed

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Attorney answers 4

Posted

Just being charged (not sure if that means arrested, cited or you've actually been charged by the DA) doesn't mean you'll be convicted. There may be factual defenses, legal defenses or other alternatives to avoid a conviction. It sounds as though you haven't been to court yet, so you would do well to consult with a local criminal defense attorney to discuss your options.

Regarding your background check: The police can be quite thorough in their background of potential officers. This is going to come up. Your best bet is to try and avoid a conviction with the help of your attorney, disclose it when applying and don't have any further glitches or reasons for them not to hire you.

The above answer is for general information only and is based on the information you posted. Every case is fact dependent, so to get a thorough analysis of your situation, you will need to consult face to face with an attorney licensed to practice in the jurisdiction where the incident took place. Do not conclusively rely on any information posted online when deciding what to do about your case.

Asker

Posted

I wasn't, arrested, just given a misdemeanor by the police officer, my court date is in Oct.

Joseph Briscoe Dane

Joseph Briscoe Dane

Posted

Technically, you were arrested and released on your written promise to appear on the citation. Your date in October is your arraignment. It's up to the District Attorney to decide if they are going to officially file charges against you.

Asker

Posted

Thanks for the information, one small issue, I am in the military and do not want them to know. The police officer didn't contact the military. It would be more of a problem with the military, so if I get a lawyer, would the Military be notified?

Joseph Briscoe Dane

Joseph Briscoe Dane

Posted

I certainly wouldn't notify them and there's no reason to think the court would either.

Asker

Posted

Thank you

Posted

As a misdemeanor, if you are convicted, you will have it on your criminal record. However, how crimes are cited by police and how they are filed by the OCDA, are entirely different. Could very well be probation and a fine, but best to get an attorney to represent you.

No legal advice is given here. My responses to questions on Avvo are never intended as legal advice and must NOT be relied upon as if they were legal advice. I give legal advice ONLY in the course of a formal attorney-client relationship. Exchange of information through Avvo's Questions & Answers forum does not establish an attorney-client relationship with me. That relationship is established only by joint execution of a written agreement for legal services. I am only licensed in the States of California and New York and the District of Columbia

Posted

My colleagues are correct. A lot you can do to minimize the impact of this incident. Contact a defense attorney to help you. Many of us on Avvo provide a free consultation.

Posted

My colleagues are correct. This is the type of offense where you want an attorney to see if you can get it reduced or even dismissed.

Andrew Roberts (818) 597-0633/ (805) 496-7777

Asker

Posted

Thanks for the information, one small issue, I am in the military and do not want them to know. The police officer didn't contact the military. It would be more of a problem with the military, so if I get a lawyer, would the Military be notified?

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