QUESTION
Would it be possible to get a ''not guilty if I decide to challenge the minor in posssesion if I tell them what happened and why I was there?
Asked on Jun 15th, 2011 on Criminal Law - Iowa
More details to this question:
A group of friends and me were caught with alcohol in a vehicle, which was in the trunk. One of the bottles was open so they charged us with that. It was zipped up in a bag and in the trunk. The driver and me were not drinking we were only there to make sure that our friends didn't end up hurting themselves because they were going through a tough time and decided they wanted to drink a lot. I was asked by the driver to come and help him because he feared that after they had consumed to much they might try something and he thought that they would get out of control so he asked me to come and help. I cooperatred with the officer and immediately told him what was in the trunk when he asked, I just recently enlisted in the army and having this charge my affect my future.
1 ANSWER
General Practice Attorney serving Ontonagon, MI
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Robert Peterson, Attorney at Law
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I would always advise contacting an attorney before admitting to anything. Even though contraband is not on your person, it is possible to be charged with possession if the contraband is in your constructive possession and you knowingly and intelligently had "possession".
In this case, I would recommend talking to an attorney to discuss the case with the local county attorney. Perhaps a deal can be made that would not affect your enlistment.
Answered on Aug 31st, 2011 at 3:43 PM