Walk me through appearance in court for misdemeanor
December 5, 2011 9:17 PM   Subscribe

Ticket for public intoxication, court date tomorrow - walk me through what I should do. I'm a minor and a college student. Not asking for legal advice.

I've been really stressed out this past month and I'm in the middle of a panic attack and haven't had the mind to even plan what to do tomorrow. Do I really just bring my notice to appear and show up at that time tomorrow? Who do I show my notice to? About how long will I be waiting? What should I say? I'm fairly certain from talking to legal services at my school that I will be ordered community service and a smaller fine, so I know I should just let go of my anxiety, but I'm not. I have a final tomorrow evening, and I'm really anxious I'll be waiting at the court for the entire day. 1 hr public transit each way.

It'll be really helpful if someone can just tell me step by step what I'll go through. State of California.
posted by anonymous to Grab Bag (23 answers total)
 
Be polite, apologize and don't be afraid to let them know that this has been a very stressful time to you.

I'm not familiar with how things work in the state of California but I do know that your behaviour in the court room will be considered by the judge. Be sincere.

Good luck. .
posted by YukonQuirm at 9:20 PM on December 5, 2011 [1 favorite]


It shouldn't take that long. A friend of mine got a similar charge and spent only a few hours in the courtroom with about 20 others waiting on his name to be called. Like everyone else has told you, if it's a first offense, it's likely just community service and some fines. You'll be fine. Relax. Stressing about this and your final are not going to make things go smoother.
posted by camylanded at 9:22 PM on December 5, 2011


relax a bit. In the grand scheme of things, this is pretty minor.

Be honest, be sincere, dress well, be respectful. Take responsibility for your actions and agree to reasonable sanctions.

You'll survive this.

Use the time waiting getting ready for the final.
posted by tomswift at 9:23 PM on December 5, 2011 [1 favorite]


. I have a final tomorrow evening, and I'm really anxious I'll be waiting at the court for the entire day.

I don't know anything about California courts, but if you were appearing in a local court in Australia, you could expect a wait of up to 3-4 hours. Take your books with you, do some studying while you wait.
posted by His thoughts were red thoughts at 9:24 PM on December 5, 2011 [2 favorites]


"Do I really just bring my notice to appear and show up at that time tomorrow? Who do I show my notice to?"

There will probably be a guard station/metal detector at the door. If you ask them nicely they can tell you where to go. There is often a bailiff or court clerk of some sort outside the courtroom where they're doing your sort of petty ticket who can give you further direction. If not, just go inside.

Just ask nicely and most people are happy to help. I know it's super-stressful, and going to the courthouse is intimidating, but most employees at the courthouse know that it's stressful and strange for you and are used to giving directions and help. (Even as a lawyer I almost always asked the guards at the metal detector where to go; they always know, like, if some judge moved courtrooms for the day because someone's working on the ceiling in his usual room.)

Dress well.
posted by Eyebrows McGee at 9:35 PM on December 5, 2011


Wear something nice.
posted by backwards guitar at 9:40 PM on December 5, 2011 [2 favorites]


I came also to say dress well. I would say at least a tie. I think being polite, professional, respectful and apologetic will get you a long way in this sort of situation.

But yeah, in the scheme of things, not too big of deal. Take your books with you.
posted by Lutoslawski at 9:49 PM on December 5, 2011


Attorney here, not in California.

Yes, there's always a wait in the courtrooms where I practice.

I don't know if this is any consolation to you, but as an attorney, whenever I see a public intoxication case on my calendar, I think "Aha! Something simple and clean that I can get dismissed."

I'm sure it will go fine. Everyone up above is correct, in advising you to dress well and be polite.
posted by jayder at 9:51 PM on December 5, 2011 [1 favorite]


My father was a judge for 20 years, and he always made a point of noting that the way one appears in court indicates whether the person in question is trying to show respect or disdain for the court (as an institution) and the judicial process. Dress, groom and comport yourself as if you were going to a service at someone else's house of worship. Make eye contact with whomever speaks to you, nod or otherwise acknowledge that you recognize you are being spoken to, and try to gently smile when appropriate so you look civil. Put your cell phone on vibrate and turn the ringer off.

On the note of dressing, dress well but not showily. No bling. Be well groomed, as well. If you're a woman, make sure your skirt/dress/suit hits close to the knee. If you're a guy, try to wear a suit or at least pants and a jacket rather than jeans. Whatever your gender, no part of your underwear should show. Long before it was popular for men to let their "drawers" droop, Rick James (yes, that Rick James) appeared in my father's court in a state of "unusual draping". It didn't go well.

Take non-sticky, non-messy food so that low blood sugar doesn't add to your anxiety (or interfere with your concentration for the exam).
posted by The Wrong Kind of Cheese at 9:52 PM on December 5, 2011 [7 favorites]


Do you really want a public intoxication ticket on your record. Want to be a pilot? Going to have a hard time with that . Nurse? Lawyer? You'll probably have some 'splainin to do there as well.

What should you do? Plead not guilty and ask for time to get a lawyer (do not accept a public defender). Even if you have to pay a grand or a 1500 to get this dismissed it will be worth it. I have a misdemeanor trespass on my record. Guess what? I've lost several interviews and possibly one job because of it. We live in crappy times - the grand or so that you'll spend on a lawyer to get this dismissed will be well worth it. Get a lawyer. Do not handle it on your own.
posted by Poet_Lariat at 10:12 PM on December 5, 2011 [9 favorites]


Dress well, be respectful and get an attorney. Stick to the facts.
posted by jeffamaphone at 11:09 PM on December 5, 2011


If you are totally willing to just accePt the charge and punishment you have nothing to worry about. I have sat in many an arraignment in California: judges like it if you are polite and straightfoward. Hemming and hawing seems to make them crazy. You may be there for a while depending on the county, if you are even in a suburban area it could be up to 4 hrs. Don't worry though, it is not nearly as scary as it seems. You can still request an attorney though even if your plan isn't to go to trial just to help you out.
posted by boobjob at 12:17 AM on December 6, 2011


I agree with Poet_Lariat. Even a minor charge can be a big deal later in life. A lawyer may seem like a lot of money now, but it's incredibly cheap compared to the potential costs later.
posted by Forktine at 5:15 AM on December 6, 2011 [1 favorite]


My father was a judge for 20 years, and he always made a point of noting that the way one appears in court indicates whether the person in question is trying to show respect or disdain for the court (as an institution) and the judicial process.
Couldn't agree more. The court has nothing for or against you personally. The court did not arrest you. The court will not (itself) jail you or anything else. It's simply a matter of the documents and the decision.

Dress well and show that you care and take this issue seriously (as you should). Be honest and forthright.

It's natural to have anxiety, so just take it a step at a time. First, plan a route so that you will arrive on time, and reduce that stress from the situation. Once you have arrived, pay attention to your surroundings and realise that there are all kinds of people there for all kinds of reasons. And everyone that is not an attorney has some stress or anxiety about the situation.

When it's time to go in, relax. If you stick with the truth, you have nothing to worry about. Everything that will be considered is on a set of documents that will be reviewed at the appropriate time. You may get an easy judge or you may get a hard judge. Regardless, it's a pebble, not a mountain in terms of the big picture.

When you arrive in court you may be quite surprised at how others conduct themselves. Whether it's dressing shoddily, acting indifferent, or being argumentative. In that moment, you can be pleased that you showed up on time and look presentable. The rest will handle itself.
posted by nickrussell at 5:55 AM on December 6, 2011 [2 favorites]


Attorney now, cited for minor in possession as a freshman in college. Declared it on all my law school / bar forms and it was never an issue.

Everyone is correct: dress nicely, address the judge respectfully and sincerely, make eye contact but make no excuses.If you chose to plead and accept community service and the fine, ask the court if expungement is a possibility and if the court has resources to assist you with that. If you don't want to ask the court, be sure to ask the legal services you have already spoken to.

Sometimes, it is very intimidating to ask a judge a question--many of them are real assholes if they perceive they are being interrupted or if they think you are expecting them to act as your attorney. However, you have every right to ask the judge to clarify any thing the judge says. Just be respectful when you ask the court to explain (regardless of how the judge treats you, you have no choice but to be polite 99% of the judges I have ever experienced are polite to people who don't have attorneys, but there's always one jerk out there). Usually, the judge will ask you if you understand or if you have any questions and then you can ask the court any questions you might have, such as if there are resources to help you with expungement. Seriously, if you don't understand something, ask the court to explain.

I would suggest that you turn your cell phone completely off. Around here, the sheriffs confiscate any phone they hear go off and they are surprisingly adept at hearing vibrating phones. You can't answer it or text while you're in the courtroom anyway, so turn the phone completely off and do not take it out of your pocket or bag or whatever. In the next county over, you cannot even bring in phones with cameras in them, so if you can leave your phone in the car, you may have to.

Definitely bring something to read--most courts allow reading while you wait (I've only been in two courtrooms in a dozen years where the judge did not allow it)--but listen for your name to be called. Stand immediately when you are called, even it's a crowded room and will take some maneuvering to get to the bench. You don't want the judge to think you weren't there when called.
posted by crush-onastick at 7:05 AM on December 6, 2011 [3 favorites]


Follow the dress nicely advice. Show up early. On your summons, it will probably say which courtroom to go to. Most times, there is a bailiff near the door who will tell you what to do- usually you have to check in with the clerk so that they know who has showed up. Then, before court starts, the bailiff will likely make a speech to the courtroom telling everyone what to do. Then once the session starts, the judge may make his own speech.

This isn't legal advice, just my experience. In court like this, it is usually a cattle call. Their goal is to clear cases, not to screw people. It always reminds me of a slightly more official version of being called to the principal's office, where the nicer you act, the easier it goes on you. After checking in, talk to the prosecutor. Tell them what you told us, and ask them what the court usually does in cases like yours. If their answer is cool with you, thank them and go sit down. If it seems harsh, ask them if there is a way to get the charge reduced in exchange for paying the same fine, or by volunteering for community service or alcohol awareness education. (Also, not for nothing, things seem to go smoother if you are able to pay the fine right away.)

If that doesn't go well and the punishment seems way harsh, ask them if you can get a continuance so that you can consult a lawyer. My reasoning is this: the courts are interested in expediency, and for petty offenses, I've found that they try to make it easy on people who don't have a lawyer. But if you face serious sanctions like losing your driver's license or a really big fine, you are better off with a lawyer.

It's better to not have things on your record of course, but youthful indiscretions aren't really a big deal long term. If you ever need to get licensed, you might have some 'splaining to do before an ethics board. You are way better off with a one and done mistake, rather than a number of mysterious incidents that were dismissed. In my opinion.

(Last time I was in court, I put on my suit and carried a legal pad. It wasn't a prop, I really was planning on taking notes. Anyway, the prosecutor sought me out and offered a plea.)
posted by gjc at 7:07 AM on December 6, 2011 [2 favorites]


This may ease your mind for today: records can be expunged or sealed. If you comply with your community service and avoid future run-ins with the law for the right number of years (maybe 3?), you can hire a lawyer for a nominal fee to process your expungement (maybe in the range of a few hundred dollars). Public defenders' offices also sometimes provide this service at-cost.

A lot of young people are led to believe that records are automatically sealed. This is not the case, you must take proactive action when the time comes. You will recieve a letter from the court verifying the records are sealed or expunged. Keep that letter where you keep your Social Security Card and other vital documents.

In the meantime before the expungement is possible, you will want to write a succinct, professional and humble letter that you can attach to any job applications, etc that require a background check. The letter should act to allay doubts about this circumstance, specifically stating your cooperation with the courts and fulfillment of all court requirements to date.

Best of luck.
posted by Skwirl at 7:29 AM on December 6, 2011


I am not at all familiar with California law, but it sounds like you're going to an arraignment or something comparable. It's no big deal and you'll spend longer waiting than in front of the judge. The judge will ask you some questions about who you are and the circumstances of the night you were ticketed or arrested. Answer the questions directly and don't try to explain too much.

1. Dress professional and take your paper.
2. Be early (defendants are usually called in order of appearance).
3. Don't be afraid to politely ask for directions from a bailiff or clerk (and don't take it personally if they're snippy).
4. If you are offered a court-appointed lawyer take one.
5. Only worry about these things today.

The rest of the worries about pleas and sentences will come later and hopefully under the guidance of an attorney.
posted by motsque at 8:12 AM on December 6, 2011


I went through this same thing about 2 years ago. I had a drunk/disorderly charge, and was panicky about the "maximum" possible sentence, although I logically knew that as a first offense it was extremely unlikely.

Still, I talked to people about my anxiety, briefly considered getting an attorney before I decided against it (lack of money), and then prayed my ass off before court. When I got in, There were about 40-50 people there with the same class of misdemeanor charges (minor possession, disorderlies, public intoxication, etc.)... I was very nervous, as it was a first for me, and I was kind of surprised when it was handled cafeteria style. I watched groups of people go up, say a few words and walk away. I have went to court on traffic offenses where the judge spent more time on each case.

Once the group of names were called I was in (Last names starting with H-L)The clerk basically handed the judge a stack of files for everyone. On my turn, he gave me the same offer he had given everyone else before me that I could overhear. He looked at me for a quick second and stated that if I plead nolo contendre, took an 8 hour class, and paid a fine, the charges would be dropped. He had seemed annoyed with the minor few before me who had asked questions or tried to explain themselves, so I just said "Sure." He stamped my paper, and told me to see the clerk for my class date.

I still have an arrest on my record, but there is no conviction on it because I completed the class and stayed out of trouble for 3 months. (for the record, I haven't been in trouble since, but the court stipulated no negative contact with police for 3 months). I have started the process to get even the arrest expunged, and as a result have had my mug shot taken off the internet. Cost $200 so far... I just need to get fingerprinted and send the forms to the state to get it officially expunged.

Hope this helps!

My case was in Florida, but the circumstances should still pertain somewhat. It's a minor offense, and they don't want to clutter up the jails with non-violent people. The state would rather you pay a fine, take a class or community service, and be done with it.

Dress nice, speak softly and clearly, be humble and honest, have access to a couple hundred bucks if you want to immediately take care of your fines, and be grateful it'll all be over soon enough!
posted by Debaser626 at 10:47 AM on December 6, 2011


This may ease your mind for today: records can be expunged or sealed.

Not really. The correct term is actually "dismissed" (at least in california) The realities of today are that regardless of whether your record had been dismissed or not it is STILL going to show up on background checks for about 7 to 10 years. Many times those background check agencies will not indicate that the record has been dismissed and even if they do your prospective employer will see that charge and not necessarily register the dismissed. You will have little to no effective recourse against such background check agencies. Furthermore you are required to disclose the dismissed charge in any case when applying to government jobs. Those are the realities. I've experienced them personally.

Think $1500 is too much to get this thrown out of court? You'll think differently after you lose your first job interview because of it. Public intox might not seem a big deal to a college freshman - I assure you that it will seem a big deal to a great many managers . Managers who are deathly afraid of losing their own jobs if they make the wrong hiring decision and have a huge number of applicants from which to chose. Dress as nicely as you want for the court and you'll still be screwed over when you apply for your jobs four or five years from now. People are doing background checks for any kind of job these days. Here in Nevada you have to get a background check AND drug test to work in a friggin 7-11. Until this changes you need to work the system . But by now you are probably on your way to court. I hope you did the smart thing, plead not guilty, and asked for time to get a lawyer. At the very least a competent lawyer will be able to plead this down to something other than a public intox, if not get it thrown out entirely.
posted by Poet_Lariat at 11:36 AM on December 6, 2011


I had some friends get busted with pot in California back when it was still a VERY big deal. The process was painless: They explained themselves, pled guilty to disorderly conduct, and had to go to AA (or some similar meetings) for a few months. And pay a $200 fine.

I wouldn't worry about it; you're one of about 10,000 similar cases the court will hear. There's no impetus for them to make an example out of you or anything.
posted by coolguymichael at 12:47 PM on December 6, 2011


Can you update us through a moderator about what happened?
posted by jayder at 1:23 PM on December 6, 2011


It is probably too late for this advice to be useful, but if you have something like this in the future that might interfere with an exam, talk to your professor beforehand. That way, he'll know it's possible you will be late/absent, and you will know what's necessary to make-up the exam, rather than just being stressed about the possibilities and making up horrible scenarios in your mind. It'll be embarrassing, but it'll take away some of the worry.
posted by jacquilynne at 9:10 PM on December 6, 2011


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