Resisting Arrest at LAX Area Hotel, Judicial Diversion
Our client, age 43, was in Los Angeles from New Jersey with her husband and four children for a wedding. The family stayed at a nicer hotel along Century Boulevard, within a mile of LAX.
On one afternoon during their stay, the family went down to the hotel pool, at which time our client had at least two glasses of wine. After a while by the pool, she returned to the hotel room with three of her four children and her husband.
Her son, age 17, remained by the pool, speaking with another man who was buying the teenager beer. Our client believed her son was old enough to know when to stop and return to the hotel room. Her son wanted to join the Marines, so he regarded himself as needing no parental supervision.
At some point later, our client realized her son had not returned to the hotel room and became concerned about him. She went down to the hotel pool and did not see him. She then went to the hotel lobby and asked the clerks at the front desk if they had seen her son leave the hotel. The staff replied that they had not seen him leave.
Our client then asked the hotel staff if she could review the hotel security cameras to see if the video showed her son leaving the premises. The staff then checked with their boss, asking him if this was possible and he said no.
At this point, our client allegedly became extremely angry and told the hotel staff that they needed to let her review the video to make sure her son was still within the hotel. The staff again told her that she could not watch the videos and called the police because our client began yelling at the hotel staff.
Officers of the Los Angeles Police Department then arrived and told our client to leave the lobby area due to the disturbance our client was apparently creating.
It was at this point that our client’s son walked into the lobby and saw his mom being yelled at by hotel staff. He then allegedly told the hotel staff and the police to back away from his mom because “I’m going to join the Marines and if you don’t back away from my mom, I’m going to fuck you up.”
The police officers, not to intimidated by the 17-year old, then proceeded to try to detain him and handcuff him. Our client then intervened and tried to pull the police officers away from her son.
Police then handcuffed the son and our client.
Police then transported our client to the Pacific Division of the Los Angeles Police Department on charges of trespassing, Penal Code § 602. Police released the son to his father, also in the lobby.
About six hours later, at the Pacific Division station, they had our client sign a promise to appear in the Los Angeles County Superior Court, Airport Court, in about three months. Our client did so and was released.
The client then returned to New Jersey. A few days later, her husband called our office and described what had happened. He wanted to know what could happen.
Greg explained that the caller’s wife could be prosecuted for public intoxication, resisting / delaying or obstructing arrest, disturbing the peace and possibly trespass. Greg explained that resisting / delaying or obstructing arrest would be the strongest charge, followed by disturbing the peace, public intoxication and then trespassing. Trespassing could be charged despite the family being paid guests insofar as the hotel staff just asked our client to leave the lobby and her loud arguing may have interfered with other guests in the lobby.
The client then explained what happened, but without much detail.
Greg then appeared in the Airport Courthouse for the client’s arraignment and was handed the police report and the complaint. The Complaint stated a single charge of violating Penal Code § 148(a)(1), delaying / obstructing or resisting arrest.
The prosecutor’s offer was one year of summary probation (no jail) with 60 hours of community service, 52 Alcoholics Anonymous (AA) meetings and 36 hours of anger management counseling.
Greg politely declined the plea bargain offered and asked the young judge to place our client on judicial diversion under Penal Code §§ 1001.94 and 1001.95. After Greg and the prosecutor explained the facts to the judge, the judge granted judicial diversion for our client for a term of one year with requirements that she attend 30 AA meetings and attend 36 hours of anger management counseling, which Greg requested be approved through Open Path online classes, which the judge granted. There was no community service required.
The client was great relieved to be placed on judicial diversion because if she completes the terms, she will have the case dismissed and she can thereafter apply to have the arrest report and court file sealed under Penal Code §§ 851.91 and 851.92, erasing any record of this lapse in judgment.
For more information about resisting arrest under Penal Code § 148(a)(1) and judicial diversion, please click on the following articles:
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