What is the usual penalty for a fake ID with illegal alcohol consumption? 8 Answers as of December 02, 2010

My 16-year-old daughter used a fake id to sneak into a 21+ club. She got thrown out for having had too much to drink, and they called the police on her, so now she is being charged with California Penal Code 470b PC for the fake id and 25660 for the alcohol possession. I looked these codes up and saw that these crimes can be punishable by up to 6 months in jail and a $1,000 fine. That seems a bit extreme to me, but I want to know what would the normal sentence be for this? Also, do we as the parents have to pay the fine if there is one?

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Law Office of Eric Sterkenburg
Law Office of Eric Sterkenburg | Eric Sterkenburg
That is the maximum penalty. She can expect less than that. What she gets will depend on the facts of her case and background. As a juvenile she will not go to county jail. Get her an attorney. You are responsible for any fines.
Answer Applies to: California
Replied: 12/2/2010
Law Office of Peter F. Goldscheider
Law Office of Peter F. Goldscheider | Peter Goldscheider
Your research is faulty. Penal Code section 470b can also be a felony punishable with up to three years in state prison. While such a sentence would be unlikely in the situation you describe, being charged with a felony is a very serious matter as any conviction even when probation is granted can have a severe impact on the future of a young person. As a juvenile however, she would only be charged in juvenile court but still could be incarcerated on be put on probation for several years. No, she not you would be responsible for the fine but when an attorney is appointed for her in juvenile court (unless you hire one) you will be on the hook for that cost.
Answer Applies to: California
Replied: 12/2/2010
Dennis Roberts, a P.C.
Dennis Roberts, a P.C. | Dennis Roberts
If she is not a minor, you are not responsible for the fine. If she has no priors she will get a slap on her wrist and maybe probation.
Answer Applies to: California
Replied: 12/1/2010
Law Office of Joseph A. Katz
Law Office of Joseph A. Katz | Joseph A. Katz
Yes, there will be some modest fines. Since your daughter was only sixteen years old (under eighteen years), the case will be adjudicated in Juvenile Court, pursuant to Welfare and Institutions Code section 600 et. seq. This would be a case appropriate for 'Diversion'. Though Juvenile 'Adjudictions' arejust that, 'adjudications',rather than 'convictions', once your daughter completes the diversion program there would be no permanent record. All the same, she should have her juvenile record sealed after shereaches eighteen years.
Answer Applies to: California
Replied: 12/1/2010
Law Office of Jeff Yeh
Law Office of Jeff Yeh | Jeff Yeh
Parents are not responsible for the fines. You should hire an attorney to represent your daughter, because these cases can often be negotiated down or even dismissed if approached the right way by an experienced defense attorney. Some compromises may be involved, of course, such as attending drug classes, fines...etc.
Answer Applies to: California
Replied: 12/1/2010
    Steven Mandell
    Steven Mandell | Law Offices of Steven Mandell
    I cannot tell you the "normal" sentence for this kind of situation, because it varies a lot in the small details. But she's certainly not going to get the maximums that you have read unless she has a zillion priors. A first offender will be moderately to severely unhappy the results, whatever they are, but there is probably not going to be any jail at all. An alcohol program for your daughter is likely. Community service is possible. The court (and I am sure, you) want to nip that binge drinking in the bud. There may be some loss of her driver’s license if she has one. You as the parent won't have to pay the fine, so chances are there won't be one. No guarantees on any of this. But these kinds of results are common, depending on the many factors that you haven't mentioned here.
    Answer Applies to: California
    Replied: 12/1/2010
    Nelson & Lawless
    Nelson & Lawless | Terry Nelson
    There is no normal, other than that the DA and her attorney will have to negotiate a plea bargain acceptable to both sides. If she has no priors and appears to the DA a decent enough foolish youth, without an attitude, she can expect stiff fines and probation, without huge risk of jail time. She is responsible for paying her own way, that is part of what the DA is looking for. She was trying to hold herself out as an adult, so she needs to back it up with responsibility for her actions. If serious about hiring counsel to help her, feel free to contact me.
    Answer Applies to: California
    Replied: 12/1/2010
    The English Law Firm
    The English Law Firm | Robert English
    It can be a bit complicated. Actually, a PC 470b charge is a "wobbler." It can be charged as a felony or a misdemeanor. Theoretically, it can carry state prison time. As a juvenile, the dispositions for these offenses can vary significantly depending on whether the matter is handled in the juvenile courts or if she were to be certified to adult court. It is a reasonably serious offense and you should speak to competent counsel Call my office if you need assistance.
    Answer Applies to: California
    Replied: 12/1/2010
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