Monday, July 15, 2019

Arrested in Catalina: What to Do Now

Cops on Catalina don't mess around.  If you're reading this, you probably learned that the hard way.

Every summer, hundreds of thousands of visitors flock to Catalina to enjoy everything the island has to offer.  For many, that includes alcohol.  For some, that also includes a night at the Avalon Sheriff's Station.  If you were cited or arrested while visiting Catalina Island, this blog is for you.

Our office defends more cases on Catalina every year than any other private attorney or law firm.  Only the Public Defender handles more Catalina cases than us.

Catalina court is it's own world, too.  Most visiting attorneys are shocked by how "differently" things are done there.  Among other peculiarities, the building is only open on alternating Fridays.  If you show up on a Thursday, the doors will be locked.  Plus, no case files are kept on site -- they're stored in Long Beach.  That means the judge probably can't accommodate you if you show up unexpectedly when your case is not scheduled to be heard on the day's calendar.  Adding a case onto the court's calendar (to recall a warrant or to request an extension, etc.) can be an ordeal in itself.

The court staff, including judge, prosecutor, recorder and clerk fly out by helicopter from San Pedro for each appearance.  The bailiff, defense attorneys and most of the defendants travel by boat from Long Beach.  Any sort of inclement weather on either side of the channel can completely foul up everything.  Sometimes, the helicopters are flying but the boats aren't running, so the court staff shows up but none of the defendants appear.  Sometimes the opposite happens and the judge calls in over the phone.  Either way, it doesn't take much to gum up the works.

Despite what the deputy or game warden told you, your case will not be heard in Long Beach.  All misdemeanors and infractions arising in and around Catalina are prosecuted on the island.  Felonies are filed in Long Beach, though.  The most commonly charged crimes on the island are probably drunk in public, DUI, various fishing violations, possession / under the influence of a controlled substance, assault / battery, domestic violence, fighting and shoplifting.  As I've previously written on this blog, you can be arrested for DUI on a golf cart.

Another unusual thing about the Catalina Courthouse is their general hostility toward alcohol-related offenses.  Every court in every county has its own priorities (as determined by the elected District Attorney for his own political reasons).  Some courts are lenient with firearms but harsh on domestic violence, for instance.  The Catalina court is exceedingly harsh on offenses like "drunk in public".  In most parts of California, a 647(f) arrest means a night in jail and a stern warning.  In Catalina, the DA's standard offer for a 1st-time drunk in public charge includes probation, community service, AA meetings, and fines.  Jail is even on the table for repeat offenders and exceptional cases.

About half of the defendants in Catalina court are there for some fishing-related offense.  Fishing inside a protected area is a big one, along with a million other ticky tacky minor infractions -- some of which carry disproportionate fines.  The minimum fine for an abalone violation, for instance, is over $60,000.

The good news in all this is that, for most misdemeanor cases in California, you do not need to personally appear in court.  A private attorney like myself can appear in your place for most hearings.  I can save you the time and expense of traveling all the way back to Catalina for a series of routine appearances.

If you or a loved one has been cited or arrested while visiting Catalina, call our office for a free attorney consultation.  Ask for John.  (714) 449-3335.

Catalina Island Lawyer

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