
FAQ: Arrests for Fake ID and Underage Drinking at Coachella and Stagecoach.
DISCLAIMER:
We do not seek to encourage (or discourage) people from underage drinking at the Stagecoach and Coachella Festival. In California the legal drinking age is 21 and this is strictly enforced at the festivals. Festival goers are often surprised by the strict enforcement at the festivals, given that underage drinking is extremely common and generally poorly enforced.
IF YOU ARE CAUGHT UNDERAGE DRINKING, USING A FAKE ID, OR SUPPLYING ALCOHOL TO AN UNDERAGE PERSON,
YOU WILL BE ARRESTED AND CHARGED WITH A MISDEMEANOR.
Already Arrested? Click Here to Jump Ahead to Learn What Happens with Your Case In Court
FAQ: Stagecoach & Coachella Festival Underage Drinking
By attorney Joshua Mulligan. Mr. Mulligan has handled hundreds of Coachella and Stagecoach Music Festival Cases. These cases range from underage drinking to more serious assault and rape cases. Mr. Mulligan is a State Bar Certified Criminal Law Specialist and his practice is in the Coachella Valley. Mr. Mulligan has an office in La Quinta, only a few miles from the Indio Polo Field.
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NO! Many people tend to be surprised when the fake ID they have been using at bars and other festivals doesn’t work at Coachella or Stagecoach. I have represented many clients caught using high quality scannable fake ID. Many former clients were arrested on the second or third day of the festival, after getting a wrist band other days with no problem. Alcohol and Beverage Control officers are the most skilled at catching fake ID’s and there is always an officer at the ID check booth. It does not matter how many times you have used your fake ID before, there is a high chance you will get caught with it at Coachella or Stagecoach.
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If you are questioned, ask if you are being detained. If the answer is no then you should leave quietly. Do not run - this triggers a predatory response in cops - they will attack you and charge resisting arrest. If they say you are being detained do not answer any questions - use your right to remain silent!
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Officers are under cover amongst the crowd at both Coachella and Stagecoach. They can be standing next to you while you enjoy a show. If you are 21 or older, do not give alcohol to a minor. If an undercover officer sees someone without a bracelet drink out of someone else’s alcoholic beverage, they will approach and question you. If this is the case, ask if you are being detained. If the answer is no, then you should leave without running away. If they are detaining you, do not answer any of their questions. Say, “I am going to assert my right to remain silent.”
You cannot talk yourself out of this situation, you cannot apologize and get a warning. Speaking to the cops will only make it more likely that you are arrested and prosecuted. You have a constitutional right to remain silent. Take the advice of the founding fathers and shut the fuck up.
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Yes. You may record police. Generally, we recommend that another person in your group video any encounter with police and save this evidence for review by an attorney. We also recommend that you turn on audio recording with your own phone given the ambient noise levels at the festivals. It is best if you do not video police yourself during the encounter. Pointing a camera at them will trigger an aggressive response, and if they are recorded police may make a flimsy excuse to seize your phone as “evidence”. As of 2023, undercover officers at the festivals were not using any audio or video recording devices. Your recording of the encounter will be the only reliable record.
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You will be arrested and handcuffed, then transported by golf cart to “Festival Jail”, which is a tent where police take arrestees for processing. Never answer any of their questions, except your name and identifying information. Officers will photograph you and any alcohol or fake ID that they found on your person. Any fake ID will also be seized as evidence. Then the officers will give you a citation for a criminal case with a court date in August. After this is complete, you will be released back into the festival.
After Arrest: Will my Case be Filed? Do I need an Attorney?
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Every year, I hear this same thing from people, and let me tell you, it’s just not true. If you've been given a citation to appear in court after your arrest, don’t expect a letter in the mail from the DA reminding you to show up. That’s not how it works. If your case is filed and you fail to attend court, the judge won’t simply forget about it—they’ll issue a warrant for your arrest. So, make no mistake, the responsibility is on you to be there.
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In my experience over the past several years, I would estimate that more than 95% of the arrests at Coachella result in a criminal case being filed. As for the cases that don’t make it to court, I haven’t noticed any consistent pattern. My guess is that most of these cases likely aren’t filed because of some sort of clerical mistake or oversight.
If you want to check the status of your case, you can contact the Riverside County District Attorney's office in Indio, or you can search your own name on the Riverside County Superior Court website.
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If you’ve hired an attorney, you’re not required to be present at your court date (Penal Code §977). Your attorney will handle all appearances on your behalf. However, if you don’t have an attorney, you must show up in court. If you fail to attend, the judge will issue a warrant for your arrest.
Your court appearance will take place in courtroom 2K at the Larson Justice Center in Indio.
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In cases like these, most people end up entering diversion. However, if there’s a valid defense—like an unlawful search or lack of evidence—it’s a good idea to consider hiring an attorney. If you’re from out of state or out of the country, navigating the legal process without an attorney can be tricky, so having one on your side is crucial.
If you hold a professional license, you should approach your case with extra caution and consider any potential defenses more carefully. Another factor to think about is travel—if you have to travel a long distance to attend court, hiring an attorney could actually be more cost-effective. Your attorney can appear on your behalf, saving you the time, hassle, and expense of making the trip.
If you’re not a U.S. citizen, you absolutely need to hire an attorney.
For those living in Southern California who have confessed or consented to a search, I often suggest handling the case yourself to save on attorney fees. Of course, you’re always welcome to call my office to discuss your specific situation and decide together if hiring an attorney is the best choice for you.
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No. However, it will show up on background checks.
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If you fail to appear for your court date or have an attorney appear on your behalf, a warrant will be issued for your arrest. However, you will not be extradited to the U.S. to face charges. That said, it’s important to understand that a warrant related to a drug crime could make it difficult for you to enter the U.S. in the future.
In short, if you live outside the U.S. and have no intention of ever returning, the consequences of not appearing in court are likely minimal in your home country. But, be aware of the potential impact on future travel to the U.S. if you ever change your mind.
Will I go to Jail? Will I have a Permanent Criminal Record? What happens at the Larson Justice Center when I get in the Courtroom?
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If you’ve hired an attorney to represent you, you won’t need to appear in court. Your attorney can handle everything, from submitting the paperwork to start diversion immediately, to requesting a continuance so you can review the police report for any legal issues before agreeing to the diversion terms.
If you don’t have an attorney, the prosecutor will provide you with forms to sign in order to enter diversion. However, be aware that if you appear without an attorney, you won’t be given access to the police reports before making any decisions.
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If you were caught underage drinking no prior drug convictions, you’re likely eligible for alcohol diversion under Penal Code Section 1000. This allows you to sign up for diversion without having to plead guilty. After successfully completing the program, your case will be dismissed and sealed.
Since 2022, judges in Indio have offered an even easier option for defendants with no criminal record: Penal Code 1001.95, also known as Judicial Diversion. Most judges have allowed defendants to complete 20-40 hours of community service, finish an 8-hour online alcohol education class, and pay a $100 fine—all in just 6 months, leading to a dismissal. This option is at the judge’s discretion and is expected to remain available for most defendants in 2025. Judicial Diversion is typically reserved for those with no criminal record.
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In 2024, several individuals arrested for underage drinking offenses were unexpectedly offered the option of pre-filing diversion. These arrestees received a letter offering them the chance to take a 4-hour online class, and upon completion, the DA would not file charges at all. From what I saw and discussed with other attorneys, about a third of the arrestees from Coachella Weekend 1 were given this opportunity. However, the DA didn’t extend this option to those with cases that were filed, requiring standard diversion terms instead—40 hours of community service, 8 hours of alcohol education, and a 6-month waiting period before a dismissal.
It seems that the pre-filing diversion offer was more of a clerical error. The cases were reviewed by different prosecutors, and one of them mistakenly offered pre-filing diversion, while others sent cases forward for filing.
Because of this inconsistency, I was able to negotiate more favorable diversion terms for my 2024 clients. They were not required to complete community service hours, and the diversion period was shortened to just 90 days. Unfortunately, many public defenders and private attorneys simply accepted the standard diversion terms for their clients without pushing for better options.
I don’t expect that pre-filing diversion will be offered in 2025, but it's still possible. You may want to wait before hiring an attorney or making travel arrangements until you confirm whether your case has been officially filed in court. You can check the court records here.
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The terms of diversion can vary slightly depending on the judge, but typically it includes 20-40 hours of volunteer work, an 8-hour online alcohol education class, and a $100 fine.
You can complete the volunteer hours at any non-profit organization. The key is that the organization must provide a letter on their official letterhead confirming that you’ve completed the required hours.
When it comes to the dismissal date, your attorney may be able to appear on your behalf, so you won’t have to travel to Indio. This will depend on the judge’s discretion and how difficult it is for you to make the trip.
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Once your case is filed, typically by early July, it’s likely to show up on a background check as a pending matter. The case may also appear as pending during the diversion process. However, once the case is successfully dismissed, it will be sealed. After that, the arrest and charge will only appear in very limited circumstances, such as certain legal proceedings or specific background checks where sealed records are allowed to be accessed.
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Penal Code 1000 was recently updated to provide better protection for immigrants. The great news is that no guilty plea is required to participate in this program, meaning it doesn’t count as a conviction under Federal law.
Similarly, Judicial Diversion is also a pre-plea option, so no guilty plea is entered before the case is dismissed.
However, this doesn’t mean you’re entirely safe when it comes to immigration. Even without a conviction, you can still face deportation or be denied entry to the U.S. Immigration issues can also arise during the time your case is pending. For this reason, I strongly recommend that non-citizens consult with both an immigration attorney and a criminal defense attorney to go over the details of their individual situation.