QUESTION
How do I get a lesser punishment for a minor in possession?
Asked on Jun 12th, 2012 on Criminal Law - California
More details to this question:
I was at campsite with some of my cousins and some were drinking. The ones who were drinking we're over the age of 21. I was sitting in between two of my cousins who were over the age of 21 and their beer bottles where near my legs. Some park rangers came by and asked if we are all 21. Out of pure fright I said I was. They were making threats of putting us in jail for the night. However soon after I came clean I told them my age (19). They gave me a ticket for MIP (Minor in Possession) and for lying to an officer. None of the alcohol was mine and they just assumed I was drinking it because it was near me. I want to know what I can do to avoid a conviction for this. I haven't been in any serious trouble with the law before (aside from a curfew ticket once). I really want the least amount of punishment for such an inconvenient turn of events.
8 ANSWERS
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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Your biggest problem is your statement that you were 21. It looks like you were lying to show you could drink. You need a lawyer to try to get the DA to agree to a lesser charge. It will be a hard sell at trial. You will have to get a jury to believe you are telling the truth when you lied to an officer.
Answered on Jun 22nd, 2012 at 6:17 PM
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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Your biggest mistake was lying to an officer. You should immediately contact an experienced criminal law attorney for a face-to-face consultation and give him/her all of the facts surrounding your case. He/she would then be in a better position to analyze you case and advise you of your options, including, possibly, having the case dismissed at the arraignment.
Answered on Jun 22nd, 2012 at 4:38 PM
Criminal Law Attorney serving Oakland, CA
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Dennis Roberts A Professional Corporation
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Demand a trial. Have the people camping with you appear as witnesses and all swear that you had nothing to drink and the booze belonged to them. You can explain the lying to the cop the way you explained it to me.
Answered on Jun 22nd, 2012 at 10:09 AM
Criminal Defense Attorney serving Orange, CA
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Law Office of Joe Dane
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Because of the one year driver's license suspension that comes with a conviction on the MIP, it is worth getting an attorney. The second charge would only apply if you were lawfully detained. From what you wrote, it's not clear you were.
Answered on Jun 21st, 2012 at 6:46 PM
Wrongful Termination Attorney serving Huntington Beach, CA
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Nelson & Lawless
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Every defendant wants lesser punishment. That's why they hire attorneys, rather than plead guilty. I can help you fight the criminal charges and get the best outcome possible. When arrested or charged with any crime, the proper questions are, can any evidence obtained in a test, search or confession be used against you, can you be convicted, and what can you do? If you don't know how to represent yourself effectively against an experienced prosecutor intending to convict, then hire an attorney who does, who will try to get a dismissal, charge reduction, diversion, program, or other decent outcome through plea bargain, or take it to trial if appropriate.
Answered on Jun 21st, 2012 at 6:40 PM
Criminal Law Attorney serving Oakland, CA
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Law Office of Jared C. Winter
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You need an attorney. Contact some criminal defense attorneys in your area to see how much they would charge for a case like that. It's such a low-level type of charge that it probably wouldn't be too expensive. If you can't afford to hire an attorney, ask the court to appoint the public defender at your first court date. If you would like further consultation and you are in the Bay Area, feel free to contact me. I don't charge for the initial consultation.
Answered on Jun 21st, 2012 at 6:32 PM
You need to hire a lawyer to try and get the charge dismissed. Otherwise not only will you have a criminal record, you will lose your license for a year. An experienced lawyer should be able to work out some deal with the Judge whereby you earn yourself a dismissal.
Answered on Jun 21st, 2012 at 6:28 PM
If the minor in possession is your first offense, the offer will usually be to plead to the charge with a deferred entry of judgment. What this means is that the Court will defer imposition of the conviction for a period of time (usually one year for misdemeanors), and as long as you don?t get in any other trouble and fulfill whatever conditions are imposed by the court (e.g., community service, some kind of A.A. course or similar), the charge will be dismissed after the time has run. Hope this helps.
Answered on Jun 21st, 2012 at 6:28 PM