I Didn't Realize it Was Against the Law!

A common issue that I have heard over the years relates lack of knowledge of the law. In Burbank, for example, in addition to the 1000s of state and federal laws which apply, there are more than 10,000 local codes/potential violations listed in the Burbank Municipal Code. It goes without saying that it is virtually impossible for anyone to know about each and every law which exists in a local jurisdiction. Because of this, people sometimes violate the law without realizing that their conduct is illegal. So, what are some examples?

A common violation in Burbank occurs at the Burbank Airport involving possession of specific items. Because of safety considerations, the state legislature passed Penal Code section 171.5, which prohibits possession of certain items in a "sterile" area at California airports. These items include many things which would not necessarily be unlawful to possess elsewhere in the state, such as pepper spray, ammunition, and certain knives, to name a few. Because of haste in packing for air travel, not carefully checking the old duffel bag to make sure that all of the items from the last camping trip were removed, or not realizing the violation, people at Burbank and other airports are commonly arrested and placed into the criminal justice system. So what can be done to resolve these cases?

Early intervention by a criminal defense attorney can sometimes resolve these cases, without a criminal filing. I make it a habit to contact law enforcement and prosecution agencies on behalf of my clients, to explain the misunderstanding, and try to steer the case away from court. When that is not possible, I still work on all available options, which may allow a possibility for a client to earn a dismissal. I have found the prosecutors and judges to be open-minded about alternative solutions in these types of cases.

In any event, it is important for the government agencies to differentiate accidental violations versus knowing violations, to prevent good people from being drawn into the criminal justice system. I think that appropriate intervention by a criminal defense attorney can be critical in helping to make these distinctions.