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Old 02-13-2008, 07:19 PM   #41 (permalink)
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Quote:
Originally Posted by guyy
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!
The stupid part wasn't drinking underage. I was drinking well before nineteen (which, incidentally, is the legal drinking age here), but I made sure not to do it in a parking lot and when I got in trouble with the police I didn't run. I stayed where I was, and was properly respectful.

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?
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Old 02-14-2008, 12:15 AM   #42 (permalink)
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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.
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Old 02-14-2008, 12:41 AM   #43 (permalink)
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Will I have a chance to talk to someone for legal advice before I have to plea?
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Old 02-14-2008, 07:02 AM   #44 (permalink)
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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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Old 02-14-2008, 07:06 AM   #45 (permalink)
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Quote:
Originally Posted by Rudius
Will I have a chance to talk to someone for legal advice before I have to plea?
you sure do. you could be talking to a lawyer NOW instead of surfing the internet and asking us.

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.
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Old 02-14-2008, 02:27 PM   #46 (permalink)
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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.
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Old 02-14-2008, 02:33 PM   #47 (permalink)
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You have to plead guilty.


There is no way around that.
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Old 02-14-2008, 02:38 PM   #48 (permalink)
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Quote:
Originally Posted by Martian
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?
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Old 02-14-2008, 02:39 PM   #49 (permalink)
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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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Old 02-14-2008, 02:47 PM   #50 (permalink)
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Quote:
Originally Posted by JinnKai
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.
What state do you live in?
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Old 02-14-2008, 02:52 PM   #51 (permalink)
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the big square one - Coloradah
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Old 02-14-2008, 03:12 PM   #52 (permalink)
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Old 02-14-2008, 03:26 PM   #53 (permalink)
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Quote:
Originally Posted by JinnKai
the big square one - Coloradah

You mean Wyoming... ?
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Old 02-14-2008, 04:08 PM   #54 (permalink)
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Quote:
Originally Posted by JinnKai
I did the 24 hours in 3 8 hour days at the local zoo.
Damn, I wish I'd done mine at the zoo. I fed the homeless under a bridge five Sunday mornings in a row. It was like 20 below one day, and I started keeping my toes from freezing off by "spilling" soup on them. That was about as dumb as the drinking in the park; when I got home, the toes of my sneakers were frozen into solid blocks of soup.
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Old 02-14-2008, 06:45 PM   #55 (permalink)
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Quote:
Originally Posted by ratbastid
Damn, I wish I'd done mine at the zoo. I fed the homeless under a bridge five Sunday mornings in a row. It was like 20 below one day, and I started keeping my toes from freezing off by "spilling" soup on them. That was about as dumb as the drinking in the park; when I got home, the toes of my sneakers were frozen into solid blocks of soup.
But, dude, if you ever get hungry later, you can always suck on your shoes for nourishment.
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Old 02-14-2008, 07:33 PM   #56 (permalink)
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Originally Posted by robot_parade
But, dude, if you ever get hungry later, you can always suck on your shoes for nourishment.
I can't fathom getting that hungry. If I'd really been feeling altruistic, I could have fed my shoes to the homeless, though.
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Old 02-14-2008, 08:12 PM   #57 (permalink)
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Quote:
Originally Posted by ratbastid
I can't fathom getting that hungry. If I'd really been feeling altruistic, I could have fed my shoes to the homeless, though.
...And suddenly I have an image in my head of ratbastid wandering down the street, kicking homeless people in the teeth.

Altruism at it's finest!
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Old 02-14-2008, 09:06 PM   #58 (permalink)
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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.
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Old 02-15-2008, 12:54 PM   #59 (permalink)
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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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Old 02-15-2008, 02:46 PM   #60 (permalink)
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Quote:
Originally Posted by Rudius
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?
In my opinion (NOTE: I'm not a lawyer, so take it for what it's worth), do NOT let it get to the plea stage, if you can help it. If you plead Guilty or Nolo Contendre (No Contest), you will likely get the mandatory 1 year sentence. That's why it's "Mandatory".

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.
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Old 02-15-2008, 09:50 PM   #61 (permalink)
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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.
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Old 02-16-2008, 11:54 AM   #62 (permalink)
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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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Old 02-17-2008, 08:01 PM   #63 (permalink)
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Quote:
Originally Posted by Rudius
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?
You're asking a lot of legal questions. If there were some sort of profession whose practitioners were experts on the law, you might be able to ask one of these professionals the questions you're asking us and get answers that can help you. But, since all of that is a drug-induced hallucination from all the LSD in the drinking water here, you might as well ask us the same thing a few more times.

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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Old 02-17-2008, 08:15 PM   #64 (permalink)
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Quote:
Originally Posted by KirStang
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.
MIPs in California are ineligible for a public defender.
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Old 02-21-2008, 06:47 PM   #65 (permalink)
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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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Old 11-28-2010, 09:01 AM   #66 (permalink)
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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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Old 11-28-2010, 11:06 AM   #67 (permalink)
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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)
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Old 11-28-2010, 03:54 PM   #68 (permalink)
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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.
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Old 11-28-2010, 05:03 PM   #69 (permalink)
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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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Old 06-11-2011, 11:04 AM   #70 (permalink)
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Quote:
Originally Posted by Willravel View Post
Principles are really hard to argue in court, especially when they run contrary to the law.

There is no way to prove the beer isn't yours (unless your friend wants to take the bullet for you, and even then you'd probably both get punished). All the sobriety tests in the world can't negate a MIP. You're charged with possession, not being intoxicated.

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.
hay i got chaght with a half gallon and some one took the blame and a still got minor possession...what can i do
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Old 06-11-2011, 01:42 PM   #71 (permalink)
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Originally Posted by spencer420 View Post
hay i got chaght with a half gallon and some one took the blame and a still got minor possession...what can i do
Read the damn thread, follow the advice contained within.
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Old 06-12-2011, 01:27 AM   #72 (permalink)
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Originally Posted by spencer420 View Post
hay i got chaght with a half gallon and some one took the blame and a still got minor possession...what can i do
Read the thread, take your licks. Plead guilty, pay the fine, do the community service, and keep your dick out of the dirt. The key word here is "Possession." You got caught with it, you are a minor, you were in possession of it. Whether or not someone else took the blame for it, you still got caught with it. You are not (or at the time were not) of the legal age to POSSESS or consume alcohol. I'm sure there were circumstances that led to you being in possession of it, and that's all fine and dandy. The fact of the matter is, you were in possession of a substance that you are not legally able to be in possession of. Own up to it, accept some responsibility, live, learn, pass it on. Yes, it sucks. Yes, it's bullshit, I am sure. Just try not to piss off the judge.
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Old 06-12-2011, 02:55 AM   #73 (permalink)
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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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