Home Forums Hunting & Shooting Hunter's Campfire Legal question, minor in possession

This irate codger says:

Get a lawyer to reduce or hopefully drop charges after some classes/community service. First time offense there should be leniency.

btw - cop was a dick

"The police officer asked the occupants of the car if they had been drinking"

The cop had no business asking unless he had probable cause or the driver was being arrested and one of the occupants was going to drive the car. At least ask a lawyer (and make your son pay for the lawyer).

I'd get an atty.

Printed this out to give to him:


If a police officer approaches you on the street or as you are entering your car, you can ask the officer, "Am I free to go?" If the officer says "yes," then you should leave. However, if he says "no," then consider yourself a suspect and it is at this point that you should exercise your Fifth Amendment right to remain silent. The officer cannot and will not arrest you for not answering their questions. Do not try to talk the police officer into not arresting you. He will arrest you if he has probable cause to do so.

If the officer wants to search you it is important that you tell the officer that you do not consent to the search. The officer may decide to search you anyway, but it is important that you make it clear to the officer that you are not agreeing to the search by saying “I do not consent to the search.”

Being aware of your rights and not speaking to law enforcement can protect you and the strength of your defense, should charges be filed against you. By not talking to police, you give your criminal defense attorney a better opportunity to prepare an effective defense on your behalf.

Reasons Why You Should Not Talk To The Police
You've likely seen cases on the news where suspects make the prosecutor's case themselves by saying too much. When you speak to police, you risk confessing or just providing them with information they can use to charge you with a crime. Even if you don't think what you're saying is important, the best thing to do is remain silent. To put things simply, talking to the police cannot help you.

You are at a disadvantage when talking to the police. They are trained in getting admissions and confessions from people. You should know that:

What you say to the police during a police stop CAN be used against you.
Police officers may attempt to mislead you into incriminating yourself.
Officers may misunderstand what you say, intentionally or accidentally.
You may admit to knowing some facts which can be used to prove your involvement or knowledge of a crime.
Some people feel the need to lie to the police during the interview, which may put you under suspicion, and later affect your credibility (whether a judge or jury believes you).
The police officer may put words into your mouth and claim that you made incriminating statements, when in reality, you did not.
Police do not have the authority to make deals with you or give you leniency. That is up to the prosecutor.
Even if you believe you are guilty, there is no need to rush into a confession. Circumstances may change and a criminal defense attorney may be able to spot flaws or errors in your case that can be used at a later time to have your charges reduced or dismissed.
Even if you believe you are innocent, facts can be misconstrued; you may tell a white lie, and you may say something that may be used against you if you decide to talk.

Provide Identifying Information ONLY
While anyone being questioned should remain silent, there are some things they should do when asked by police. When stopped, for example, you should provide law enforcement with personal identifying information such as your name, date of birth and your address. You do not have to speak further than that, however. Exercise your rights and simply state you no longer wish to talk, without an attorney there with you.

How to Exercise Your Rights
The Fifth Amendment of the United States Constitution gives you the right to remain silent and not incriminate yourself. You should exercise this right and never, under any circumstances, speak to a police officer.

Invoke your 5th Amendment right by stating you do not wish to talk without first consulting a lawyer.
DO NOT agree to an interview.
DO NOT attempt to make a deal with an officer.
DO NOT make any comment or statement.

Gonna get a lawyer. On the boy’s dime.





P

Youth is the time when doing the right thing is corrected and one learns that cops aren’t your friend nor do they ever, except under limited conditions, deserve to “get” the truth. Our foolish naivety of youth is quickly replaced by the realizations that lying to the cops is a necessary survival trait.

If all piggy has is a “confession” without Miranda warning and no physical evidence then I’d say your son will be fine. Lawyer up and teach him to never tell the cops the truth, let them figure it out for themselves, that’s their job after all. We don’t need to help the ignorant manufacture crimes against us.

A sober driver giving a ride to those that are drinking is THE RIGHT THING to do and everyone should’ve been given an atta boy instead of the typical douchebag move that’s endemic to cops. Scumbags...

I'm really surprised the cop charged him for that alone. In my experience, a kid getting a little mouthy might talk himself into that charge but honestly admitting having consumed alcohol would not the be proof enough for a conviction, where I work. Watching him drink, seeing him holding an open container or watching him purchase it, etc. Those would prove possession. My jurisdiction has programs for just this kind of situation that helps kids avoid a conviction which would negatively impact their future, I'd be willing to bet yours does as well. Also, that was not an interrogation and Miranda wouldn't apply. Unfortunately, situations like that which are largely avoidable and unnesassary, don't make things any easier for law enforcement. I learned a long time ago that just because you can do something doesn't mean you should do something. I can't imagine that this can't be resolved in a way that satisfies both you and your son, without the expense of an attorney.

"If all piggy has is a “confession” without Miranda warning and no physical evidence then I’d say your son will be fine."

A cop doesn't have to mirandize a suspect until said suspect has actually been placed under arrest. If the suspect opens his yap, the fault is on him. Most civilians don't know that. My neighbor learned that one in a very hard way.
Paul B.

It’s just a ticket. Have him pay it and go about his way. Those hefty fines and sentences are if he pleads not guilty, has a trial and gets found guilty by a judge or jury. It’s literally not a big deal at all. He could likely even ask the prosecutor before court if he could have the charge amended to a lesser degree if he gives a guilty plea. Of course that’s asked before court starts. Been there, done that.

Excellent points.

After the fact is a tough situation. A lawyer, while expensive, will help navigate the legal minefield and hopefully protect your rights. Good luck to you.

Fight every step. We made the mistake of "doing the right thing" with my son. If you have any means whatsoever, they will get him in the system and try to keep him there. Common sense is gone. They will try to screw him over and suck every dime that they can out of both of you.

I agree now that I see BluMtn’s post of OR law.

Still doesn’t seem like the admission is enough evidence.

Definitely get a lawyer. No judge, prosecutor or cop I know wants to hammer a kid for having a beer. Safe bet that as minors they've all done that. BUT they don't want kids getting addicted and posing a danger to themselves or others. A lawyer can make the point that's not a concern here. Or if it is lawyer's assurance he's getting help, like volunteering for a program, goes a long way.

Cop was a dick, most are. You're son was drinking at 19yo, most do. He wasn't driving that's the main thing. Smart kid, other than admitting anything to a cop.

Edit to add: Kellory's an idiot. Especially if he let his dad beat him with a belt at 19yo...

Cop was doing his job. Kid broke the law. Dad condones his behavior, so can accept the consequences that come with it.

An MIP wont end him.


Dont hardly see what a lawyer is gonna accomplish in this case, except extract some money from him.


Seems kinda weird to suggest trying to beat the ticket....when the ticket was written because your son broke the law?

Excellent point Ace...Kid doing the right thing by having a sober friend drive him home, only to be charged for a misdemeanor for being a safe passenger.

What would have been the outcome if the kid called his dad Pharm and Pharm got pulled over for speeding? Would the cop try and solicit an MIP confession from his son?

Sometimes cops make stupid errors in judgment when they should just congratulate the teens for being responsible by putting a sober person behind the wheel.

😎

He admitted he was guilty, He should go to court, except responsibility, plead guilty and pay the fine. M.I.P while disappointing is certainly not the end of the world. If he learns from his mistake and stays out of trouble, it will probably be expunged when he turns 21. Why pay attorney fees and end up with the same outcome?

However....if there was a mistake made by the cop......might be worth your while to look into it!

Pretty much this. Plus the edit had me cracking up.

At 18 I admitted to a cop I’d drank a couple beers and ended up in the county lockup. My old man made me pay all associated fines and fees, ended up costing me about $6k over the next couple years. But I learned a valuable lesson about keeping my trap shut and not trusting anybody involved with LE type stuff to include cops, judges, and prosecutors . I don’t feel like it has had any long term effects on my success or employment since it was a one time deal.