Minor Drug and Alcohol Offenses
Although misdemeanor offenses involving alcohol and drugs may seem insignificant, they often carry significant penalties. It is important to have the advice and counsel of an experienced attorney who can work to reduce the charges or obtain an acquittal. At the Newport Beach firm of the Law Offices of Fred Thiagarajah, our criminal defense attorney is a former prosecutor. He is able to identify the right approach to take when seeking a good outcome to minor charges.
Alcohol offenses
- Minor in possession. California Business and Professions Code Section 25662 makes it illegal for anyone under 21 to have a container of alcohol, whether or not he or she is actually drinking from that container. Someone underage who is delivering alcohol to a friend — even a friend over age 21— can be convicted of minor in possession. Conviction of this charge leads to a mandatory driver’s license suspension for one year. In order to avoid the mandatory penalty, it is important to contact an attorney who will work to get the charges dismissed altogether or can negotiate with the prosecutor to find another charge with a different penalty.
- Drunk in public. The California Penal Code Section 647(f) prohibits a person from being so intoxicated that he or she cannot care for himself or herself. This is commonly known as being "drunk in public." Most people, including police officers, are not aware of the standards for this crime. Simply being drunk is not a violation of this law — the prosecution needs to be able to prove that the defendant was unable to care for himself or herself. If you are facing this charge, it is important to have a lawyer who understands the burden of proof required. Fred Thiagarajah knows how to counter such a charge, marshalling evidence that can prove that the client was able to care for himself or herself.
As a former prosecutor, Fred Thiagarajah knows the Orange County and Los Angeles County criminal justice systems. If you or your child is facing a charge involving the use of alcohol, contact our Newport Beach law firm. Call us toll-free at 1-866-511-2757.
Drug offenses
- California Health and Safety Code Sections 11357(b) and 11360(b) makes it a misdemeanor to possess or transport less than an ounce, or 28.5 grams, of marijuana. The penalty is a $100 fine plus court fees. Typically, these types of offenses can be handled without the use of an attorney, especially since a conviction for this offense is so minor and because you cannot go to jail for this type of offense.
- However, anyone convicted of possession of this small amount of the drug will have a criminal record. This may affect a person's ability to be hired for certain jobs or gain admission to certain educational programs. Attorney Fred Thiagarajah has been successful in getting these charges dismissed.
Misdemeanor marijuana charges may be handled differently by different judges. Contact a lawyer with experience throughout Orange County and Southern California courts. Call the Law Offices of Fred Thiagarajah at 1-866-511-2757.
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