I work in gas.station. I have always got 100 percent on mystery shopper.one day I was given overload at work and due.to stress unknowingly I.sold tobacco to minor and sheriff gave.me ticket to appear on court. I work on gas.station but ticket is.under my name? Who has to appear in court? Who has to pay for.ticket? How long does it show on records. I am permanent resident will that effect me in being.citizen later on?
If you sold the tobacco, then you can be liable. California Penal Code 308 provides in relevant part:
Every person, firm, or corporation that knowingly or under circumstances in which it has knowledge, or should otherwise have grounds for knowledge, sells, gives, or in any way furnishes to another person who is under the age of 18 years any tobacco cigarette, or cigarette papers, or blunts wraps, or any other preparation of tobacco, or any other instrument or paraphernalia that is designed for the smoking or ingestion of tobacco, products
prepared from tobacco, or any controlled substance, is subject to either a criminal action for a misdemeanor or to a civil action brought by a city attorney, a county counsel, or a district attorney, punishable by a fine of two hundred dollars ($200) for the first offense, five hundred dollars ($500) for the second offense, and one thousand dollars ($1,000) for the third offense.
If you're convicted of a misdemeanor, it stays on your record permanently. I would speak to an attorney as soon as possible.
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Your case can be treated as either a misdemeanor which makes it a criminal offense that can at least delay your gaining citizenship or as an infraction that is just a ticket. You should work with an attorney, either one you hire or a public defender to try and negotiate for the infraction. Make sure to tell your lawyer about your immigration status and plans. The prosecutor is required to consider that in determining the proper outcome as per the Supreme Court.
Any comments offered are not intended as legal advice. This attorney does not know the specifics of the particular case sufficiently to offer legal advice. You should hire a lawyer who can evaluate the details of your specific situation before offering advice.
Whether or not you are charged with a misdemeanor or infraction, you should consult with an attorney who can negotiate the matter for you. Your attorney can possibly negotiate a disposition that will not affect your immigration status.
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