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I got charged with minor in possession in California, but I'm not gulity help!
My friends and I were drinking in a parking lot outside of our cars. The cops came and we all ran, but before we ran my friend put a case of beer in my car. Eventually we all got caught and I got charged with a MIP. What should I do? It was not my fault at all and I got charged with it...this is the last thing I need right now and I cannot pay the fines or get my license suspended. I want to request a public defender, do you think I can get off of the charge completely? I'm willing to do community service, but only if it is necessary...I am truly innocent after all.
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Don't drink until you're 21 or off probation, whichever comes last. |
I can't drink legally, but I can legally die for my country in the military? I think that's bs.
The only reason why I was charged with possession was because my so called friend put the beer in my car. Yes I know I could have been charged because I was drinking before, but the officers did not know this. I told them I had 1-2 beers at a friend's house 2 or more hours ago. I volunteered for a sobriety test also so I could drive home, but they would not give me one. |
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I'm not trying to be a dick, but seriously your best bet is the mercy of the court at this point. First time offense? Good. Good grades? Good. Willing to do community service? Good. Trying to get out of it? BAD. |
You could always plea for them to check for fingerprints on the beer and see if they match your supposed friend. Although if you can't afford your own lawyer odds are they won't waste their time on that. This is considered a small case in the courts eyes with a bunch of guys drinking underage. Also be thankful you weren't driving or anything, that would be MUCH worse.
Running from the cops wasn't a good idea...you're lucky they didn't go ahead and charge you for evading a police officer. Go ahead and admit you were wrong, I'm 19 dude. Don't pull that I can die for my country but not have a beer crap. I can do all that too but the law is the law and until you turn 21 that's it. You're underage and got caught with alcohol. Deal with the consequences of your actions. Begging to get out of it only shows your lack of maturity instead of standing up and admitting you were wrong. Go to Good Will and buy a nice looking suite for court if you don't have one and get cleaned up for court. Bring school records and recommendations if you can scrape some together. Any awards help. If you're a college student mention what you want to be etc. My best advice would be to plea guilty, ask for community service and probation. Probation will probably be a short period, couple of years. Just be an adult about the situation since you consider yourself one to get into it in the first place. Not trying to be negative...just trying to give you advice on how to handle an adult situation. Also...what about your folks? If they're not involved with you then maybe ask them for some help too. I've had friends in this situation, never myself. |
Please do not condescend me. Please do not do it. I like respect, either positive or negative.
The 'can die but can't drink' was just me stating an opinion. I would NEVER say that in a court of law...please I am smarter than that. I do realize what I did was AGAINST THE LAW, I do not consider it wrong, but it was indeed against the law. I am nineteen also, and sorry I will not rat on a friend no matter what. I will not hire a lawyer; I would only consider a public defender...but I doubt the judge will appoint me one for such a common misdemeanor. I would never drink and drive - I have already learned my lesson the hard way. Who said I was begging? I am merely just trying to get out of a situation that I could possibly get out of...not even that I'm just trying to get advice and I really appreciate you guys doing this. I already know what my sentence can be...a hefty fine with a mandatory one year license suspension at least. Right now my decision is to plea not guilty. I have this which could be good support for me in court. Nothing official, just something I could use to win the judge over with. I would appreciate any feedback that would tell me something I do not already know: 1.) They have no proof of me drinking (I know this could not mean anything, but it still can help in court) 2.) The beer was not mine (") 3.) I volunteered for a sobriety test (test doesn't matter just the fact that I volunteered for one) 4.) I am a clean honest man. Right now I am not worried at all, I accept the fate that has been brought on me, I see it as a challenge. I feel that pleading not guilty would be a better choice for me rather than taking the full charges. I really don't know yet though, until I see the judge. I am hoping the judge will give me a reduced sentence or a plea bargain from the prosecutor. Otherwise, I will plea not guilty. What ever happens to me, happens to me. I'm not scared of that. I'm just wondering what do you guys think? P.S. Good Will? |
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Here's my feedback that tells you something you don't already know: You did a dumb thing. Your best bet here is to own up to how dumb it was, not to try to convince the judge (or us) how smart and good you really are. People (including judges) want to help people who are humble and have some awareness of their own failings. People (including judges) want not to help people who are arrogant and think they deserve better than they're getting. Quote:
Now: When I was a lad of roughly your age, I found myself one night in a public park drinking beer with some buds, one of whom was shooting bottle rockets. A motorcycle cop cruised up into the park. We coolly walked away from the beer toward our cars (and the cop). When we met him, we told him we'd seen some people there with the bottle rockets and such, but they ran off. He thanked us and drove toward where we'd left our stuff. We ran as fast as humans can run down to our cars and got the hell out of there. When he saw us running, obviously, he knew the deal and pulled us over about half a block away from the park. Technically I was arrested, though the cop released me on my own recognizance. I was charged with minor in possession, public consumption, possession of illegal fireworks (all fireworks are illegal in Utah except for certain dates), trespassing (it was after park closing hours) and littering. I never got in front of a judge about it. I was asked to meet with somebody from the DA's office down at juvenile hall. My parents and I went in and I got a lecture about my future and potential and what have you. The guy dropped all the charges in exchange for my agreeing to do 20 hours of community service and an appropriate display of humility. |
You can seriously get charged for underage possession of alcohol in the States?
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Sorry, but what you did is minor in possession by consumption. You got caught.
You should really know better than to be drinking out in public if you're a minor. I'm not saying minors shouldn't drink--that would be hypocritical of me. But you should do it behind closed doors. I managed to make it to 21 without an MIP, and if I did it--anyone can. All it takes is some sense. |
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This is what you should bring with you to court: 1) (presumably) You have no priors. 2) You're very sorry and will absolutely never drink underage or run from the police again. 3) You welcome any punishment the court has, and even offer to do community service. |
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Get supervision if you can. |
BTW, Radius, once you get dealt punishment your friend will owe you one big time. Now would be the time to ask if his sister likes you or something.
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Actually, I agree with that platitude though ... if you are a responsible citizen you should have all the liberties and privileges of every other citizen (of course, then we get into the argument about what constitutes a "responsible citizen"). The problem here is MOST kids don't get any experience with alcohol until after they are out of their parents house. Then all hell breaks loose and they spend the first part of college drinking every night. IF this country had a more relaxed attitude about alcohol and other "taboo" subjects it would lose it's appeal. But again, I'm using yet another cliché ... and that's not the focus of this thread. Will is right ... the part where you (all of you) screwed up is when you ran. Had you NOT run you MIGHT have had the chance where the cop just confiscated the beer and told you to be "good kids." I say "MIGHT" because we'll never really know for sure now. When you ran, you made the cop have to work. I'm not saying that cops are lazy; but that you made a potentially easy situation into a potentially dangerous situation in the eyes of the cop. This made the cop enter into a different mode of thinking--one that is less lenient. Fight it in court if you want, and you have every right to do so, but be aware that it's going to cost you a lot more; you're right that a judge is not going to appoint a defender for this ... you'll have to hire an attorney if you want representation. You could always remember this incident as you get older and work to change those laws that you don't agree with ... |
You are guilty.
Trust me. The only way you would be innocent is if you were at home doing your homework. Or at work. Or being a productive member of society instead of drinking in a parking lot. No matter what you say or do... you were there. You can try to reason with the judge, tell her/him how unfair it is. And all they will say is, "You're underage. You were drinking in public. The fact that even if you hadn't been caught there, you would have been caught drinking and driving. And trust me... Adding a DUI to MIP isn't fun. You could have killed someone. You could have killed yourself. So don't talk to me about fair." See, I've done all this before. I've been that cocky 19 year old that thought he new more about the law then the judge or DA. And trust me... I didn't. |
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Don't stress it. You'll end up with community service and maybe a fine. Big deal. Learn from it.
My only advice.. get a lawyer. They know the DA's and Judges and can do alot more than you.. and say alot more than you and get away with it. It's your only chance of getting out of it completely .. probably not going to happen but it can't hurt. |
You were guilty before your friend put the beer in your car. You were guilty afterwards. Your friend isn't willing to take responsibility - obviously neither are you.
Why are you guilty? You were in possession. You've admitted it. One of the problems here is that you're friends with someone willing to let you take his fall. So now that's out of the way. As I see it, you can get your friend to stand up in court and admit his guilt, or you can take your chances yourself. There's some good information on how to lessen your punishment. I suggest you listen to that. |
I've only got one thing to add here: Why the hell did you try to run? Don't you ever watch Cops?
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@ 1:30 of How not to get your A** kicked "Everybody knows, if the police have to come and get you they're bringing an ass kicking with them." |
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Okay let's start fresh I've thought about this with everyone's help, and when I say everyone I mean only the posts I have read so far on this forum. First off no hard feelings, you guys I'm assuming are experienced adults after all and I am just starting life...I realize where I should stand now. But don't think I'm just your average kid who thinks he can take on the world. I'm more to that, just because I see life and do life differently than some of you. See it like me which I think some of you can't do, and will criticize - but I respect that. "Even though I'm no more than a monster - don't I, too, have the right to live?". I guarantee you that I am not just your average kid. My name is Richard, 19, I was born in Los Angeles moved to Orange county - please don't sterotype me. I go to community college, because I did not do work. I have much to say about life, but we'll save that for next time. I would like to say that throughout my whole seeking advice adventure, this place has had the best advice. That's including all the friends with past offenses, friend's parents which are lawyers, and other various places I desperately went to. Now back to my little situation... California state law sentences a fine and/or classes and a mandatory 1 year license suspension. Do you guys believe I should plea guilty or not guilty? Do you think they'll offer a plea bargain? I really am only trying to avoid the 1 year license suspension and the fine and the dent in my record...ya I know I'm dreaming... Should I rat on my friend (please forgive me)? If I do does he have to come to court with me and will we both still get punished? How does that work? My friend is pissing me off, he thinks that he's right, and if I just didn't say it was my car we would have been fine. I ran from the cops, because that's what stupid kids do. I did not think my friend would put the beer in my car. Too be completely honest I took another case with me when I ran and threw it they didn't know. Please don't let this addition affect the way you guys look at me. I'm just going by what the police report says, I have done other illegal things, but not on the police report. Will and Vanblah you are WISE. Feedback please, any kind, it is appreciated. |
You are guilty.
Do what your lawyer tells you. |
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...and the above statement makes me wanna choke the shit outta ignorant young'ns who equate imbibing cheap canned piss with the turbulence and danger of military service. ... You should know that if you do join the military... beer is cheaper than water and any time you're not "overseas getting killed" you can be in a wild, inexpensive drunken stupor anytime after 1630 every day of the work week. I kid you not... AAFES prices on alcohol will have you brushing your teeth with Bacardi 151 instead of tap water. ... Running from the cops is like running from the Grim Reaper. Why try? Neither of' em sleep. They'll get your ass. |
AAFES... I once got a nice 87 year old bottle of Port when I was in the Azores at AAFES for $23. Off base, same Port was 120 euros...
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And you can get cited for minor in possession by consumption. In Oregon, they recently upped the penalty from being $180 to $250, and now suspend your license for six months. However, it is perfectly legal here for minors to drink in their own home under parental supervision. |
Has that always been the law or did your civil liberties just get shafted recently?
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Since the drinking age was raised to 21.
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Would anyone else like to share about my pleading guilty or not guilty? So far I have king.
King - when pleading guilty, what are my options? I know I can plead guilty, no contest, and I think guilty with me being able to say me story. What would be the best choice for me to get a lesser punishment? |
You need a lawyer.
And pretty much do whatever the lawyer says. |
What if I cannot afford a lawyer?
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On piece of advice I can give you is to start learning the bus routes in your town now. You did something stupid, you got caught and now you accept responsibility and face the consequences. Welcome to the adult world. Enjoy your stay. |
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Then the day of your trial you'll have to talk to the DA and hope he or she is in a good mood... I really suggest getting a lawyer. It could prove to be less expensive in the long run. And the bus route thing is true. You will lose your license. |
You are basically SOL.
First thing, you shouldn't have ran, Stand up and take it like a man. Secondly, doesn't matter if your friend put it there or not. It is in "YOUR" car. Best bet is to try and get community service out of it. You can blame your friend all you want but it will not matter because you are underage and the beer was in your car. Basically this is all you can really do: If the car is registered to your parents and they agree to say they left the beer there and you took the car then you have a defense. If the car is registered to you then you are in violation of the code. If convicted, you could be looking at a $1,000 fine and up to six months in jail, plus have your driver's license suspended for up to one year. Get rid of your friend |
Oh my, kids drinking beer -- what is this world coming to? And running from the cops? Back in my day, if we ran, it was straight to the cop shop to turn ourselves in. Kids these days!
No one here ever A. drank when under age? or B., ran from the cops? Ha! |
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Nobody here is pulling a moral judgment on the kid. Our reaction is to the incongruity of "I was drinking beer in a parking lot, a cop found beer in my car, but I'm somehow mysteriously innocent of Minor In Possession". From his posts, it's clear Rudius is coming around and can begin to accept his guilt. That's a good thing, because it's the only way he stands the slightest prayer of getting a light sentence. |
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You drink out in public while underage, you're pretty much inviting the cops to catch you. You run when they do, you're pissing them off. What part of this is hard to understand? |
Wait a second, you live in OC, and go to community college, then I know they offer free legal service for you. I go to GWC, and i know the entire CCCD offers lawyers to help with this shit. As for the other CCs in the area they have all been the same to my knowledge. Their fees are your tuition, which may be going down to 15 bucks a unit, I love community college!
You want medical care, a lawyer, mental assistance, an education, we can either give it to you for free just for abusing our system or we can make it attainable to the umpteenth degree. Check out the section in the class schedule breaking down what your 20/semester health fee gives you sometime. It's a lot more than the dozen free meals they schedule each semester. I am 20, will be 21 in June (talk about a day to live on in infamy) and I do partake of that glorious substance ethanol, I just do it indoors with friends who are of age, it's easier. I also sit on anyones car who thinks they can drive after as much as wafting a bottle under their nose. So far this is effective at preventing people around me from being stupid. Heck maybe someday we can kick back and throw one back. Please do not take my tone here as condescending, I am just trying to offer what help I can. As for your plea, IANAL (and I would consult one like everyone so far has said) but i would plead guilty, no contest is a formalized protest and does not gain you any advantages, there is a reason it's rare. I also wouldn't rat your friend out, you won't gain by it but it will make your friend your enemy. This is gonna blow but all you can do it bite down and bear it. |
Will I have a chance to talk to someone for legal advice before I have to plea?
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That depends, when are you due in court, and when can your school get you that lawyer?
As a rule of thumb there should be an opportunity, but I would not know specifically. |
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you could even call the CA BAR and get a referral that has a sliding scale payment if there is even a payment at all. |
Does anyone know a good free consultant in southern orange county? I haven't looked into my school yet, but will next time I have class. My court date is on or before 4/21/08.
I guess my next actions are to talk to my school legal people, which should be enough. If not then I will probably seek free legal advice elsewhere. Are there places that do this for free? maybe a bureaucracy? I just don't know what I should plea. |
You have to plead guilty.
There is no way around that. |
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I didn't get legal help when I got my MIP.
I went in, plead guilty, got sentenced to 24 hours community service and an alcohol class. I did the 24 hours in 3 8 hour days at the local zoo. |
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the big square one - Coloradah
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Crompsin is my hero today for adding more Judas Priest to all our lives.
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You mean Wyoming... ? |
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Altruism at it's finest! |
Rob Halford looks crazy with hair
Yea I added alot to this thread, go me. But seriously. Listen to the advice here, its all pretty much the same and its all good. |
My friend who had a MIP with pot before said that the judges were pretty lax. I told him that pot is different than alcohol, but is that correct? Are all MIPs the same?
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If you have a decent lawyer - PD or otherwise - they should be able to get this reduced for you. Both times I've been in court (for friends), these negotiations happened in the hallway outside the courtroom, before the docket slot came up. In your case, a suspended sentence is probably in order, provided you complete the community service offered you, and stay clean for the time outlined. You might even get lucky, and the cop might not show up! Instant dismissal.... This would probably be MORE likely if it were a simple traffic violation, but it *IS* just a misdemeanor charge. Good luck! Heed the good advice offered by those who replied before me, and you'll be fine. |
Get a lawyer.
Regardless of whether or not the Beer was yours or not, you were 'aware' that the beer was contraband for people under 21. Furthermore, the beer was within your property--thus cementing constructive posession--basically meaning that the beer was within your control, although you were not in immediate control of the beer. These two things put together are basically what anyone needs to convict you of possession. See if you can't plea bargain it w/ a Public Defender acting as negotiators. From my experience, Public Defenders are fully capable, competent lawyers. They'll do a fine job of representing you. |
Scott, it wasn't a mandatory 1 year sentence, it was a mandatory 1 year license suspension. Any alcohol issue with minors caries a set license suspension in California because they assume that if you were safely drinking it at a frat party where you were going to walk upstairs and crash, then you are going to drive drunk next.
needless to say I'm uncomfortable with laws that make a point of assuming that one crime lads to another. You drank, didn't mean you were about to drive. You had weed on your person within x yards of a school, didn't mean you were about to distribute it to the school kids (I live across the street from a school). You had more than x grams of weed, didn't mean you were dealing it. All of these are real laws that feel like being found guilty of a greater crime without any proof of it, or trial for the greater crime. That said damn good advice to get a lawyer and get a hallway solution. Talk to your school Radius, don't wait for class, you need to get this fixed well before that date. |
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I think you should plead insanity; when they ask you to justify it, drop your pants and whistle a song from Riverdance while dancing and trying to get the judge, prosecutor, and bailiff to join in. |
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you would not be ratting out a friend, because a friend would not fuck you over like that.
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have a question i got pulled over last month and had an 18 pack of beer. so i got charged for minor in possession of alcohol i was 20 at the time, but i just turned 21 and i dont have to go to court till next month do you have any idea what will happen or what can i do?
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First off, all of the advice that was stated in this thread is sound advice. Read the thread. The whole thing.
Get a lawyer. (Read the thread, has good advice on how to get a lawyer) Like World's King said, "Do whatever the lawyer says to do." I recently got arrested on a trumped up bogus charge. I got a court appointed lawyer. When my court date came around, he talked to the judge and DA. After that, all the charges were dropped and I didn't have to face the judge. If you can not get a lawyer, Plead Guilty and then proceed to tell the judge how stupid you are for doing this and how it will never happen again. Not A Lawyer (tm) |
Rudius, before you do anything, you should get the advice of a lawyer, whether you elect to have representation with you or not. If you can't afford a lawyer, ask the court to appoint one, they are paid for by our tax dollars and that's what they're there for.
You need to have an understanding of what your options are and where you stand, and only an experienced criminal defense attorney can give you that. |
you've admitted to having beer in your possession prior... you were drinking earlier.... you rain from police... honestly, MIP isn't nearly as bad as what the officer could have wrote you up for.
Don't waste tax payer money by fighting this.. plead guilty and get what's coming toward you. Also, why the hell were you drinking in a parking lot? That's just asking for trouble. People drinking around cars like that only leads to DUI and dangerous litter... plus there are areas with laws against drinking in public like that. |
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I dont know what its like in the US
in the UK its almost impossible something like this would get to court, or the police would even be bothered to arrest you unless you called one of them a cunt or something and they are just doing it because theyre pissed off with you But in any case if you please guilty (whether you did anything or not) you'll always get treated more leniently by the magistrate. Its common knowledge that when someone gets nicked for burgulary or something they'll just plead guilty to anything the police ask them to, because it doesnt make a difference to them or their sentence and in fact they'll probably get less probation/community service if they do plead guilty - and it helps the police clear up outstaning cases and imporve their stats. Its a win win situation (unless youre the bastard who got burgled and have some old fashioned idea that the police ought to care about catching the guy who actually did it) _ But thats all just the uK, perhaps in the US people petty crime is treated more seriously? I would probably just turn up in court, be contrite, cite peer pressure, dress smart, etc etc... the stuff everyone else has said. _ I find it pretty astonishing that police in America have nothing better to do with their time than go around arresting teenagers who are drinking beer. I dont necessarily think it the way UK treats crime is ideal (it is broadly next to impossible to get a jail sentence for non violent crime unless you really really try), but I'm glad I dont live somewhere where you can get nicked just for drinking a beer... 3/4 of the people in my school would have had police cautions or community service orders or whatever by the age of 15 on that basis. I remember at uni about 6 guys from some marjiuna legislation club all went into a police station smoking weed at the front desk and demanding to be arrested (to make some stupid point about the unfairness of the law)... but the police just told them to fuck off. |
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