Home     Law Advice     Insurance Advice     Community    
Arrests, Searches, Warrants & Procedure : Includes Right to Counsel, Fifth Amendment Rights, Right to Trial by Jury, etc.
Go Back   FreeAdvice Legal Forum > CRIMINAL LAW & PROCEDURE > Arrests, Searches, Warrants & Procedure

Powered by Attorney Pages


  Find An Attorney In Your Area    
 

Reply
 
LinkBack Thread Tools Rate Thread Display Modes
  #1  
Old 07-03-2005, 06:17 PM
Junior Member
 
Join Date: Jul 2005
Posts: 3

16 year old needs help!!! misdemeanor


What is the name of your state?New York

Ok, heres my story:

My friend called me up one saturday night. I went to his house to hang out and chill for a while. Then he said "i have fireworks" He said that he needed to get them to his friends house. So I thought nothing of it and went along. We packed 2 suitcases of them. Then was the big mistake. We went into this wooded area /park. A car pulled up and an hour later my friend and I were being booked. They said that it was a class B misdemeanor. The thing is, they werent mine and my friend admitted to them being ALL his. I have an arrainment in a couple days where I will plead not guilty and wanted to know in the end, what will happen to me. How much is the fine?

P.S. - In the station, they never read me my rights. They took my info, then my statement and they made me sign it. They said if I dont sign it id have to stay overnight or longer. They never asked me to call my parents or an attorney. I am 16 years old, i thought I was a minor. They said id mbe tried as an adult. THEY WERENT EVEN MINE. The cops said their was about 300 dollars of fireworks. My friend agreed and I ws left in the dark and had no idea the cost. I did not have any intent of doing this, it was spontanious. People said that I could plea it down to disorderly conduct but how much would that cost. The thing that really pisses me off is that they put on my court appearence ticket is Intent to sell**************...and they werent mine....

Last edited by shaun2204; 07-03-2005 at 06:26 PM.
  #2  
Old 07-04-2005, 03:28 AM
Senior Member
 
Join Date: Aug 2004
Location: Southern California
Posts: 2,492
You weren't wearing one of those change belts were you? Like the Good Humor man wears.....

So, what exactly was it that gave rise to this detour in tha park? Weren't you headed to a friends house with this illegal cache of celebration paraphernalia? Were you in a car or on foot? Were each of you carrying a suitcase? Did either of you have any matches or lighters on you?

While in this park, did you happen to ignite any of these fireworks, perhaps by accident or checking for duds?

Just wanted to read a few more details,,,, I have a feeling this story involves more than a casual stroll in the park.

(Begin Patriotic background music here) I loved those quality fireworks as a kid and remember family members returning from South Carolina with a trunk full of everything not marked safe & sane by the manufacturer. I don't believe it ever took more than thirty seconds after that trunk was open, for the whole neighborhood to hear the first aerial "report"!

So I know I could have never made it all the way through a park, or a ballfield, or a school yard etc. etc., without offering tribute to all the fallen American hero's who have made the ultimate sacrifice for our freedom!

Unfortunately, in most states, this freedom does not include making a personal tribute, with "report". I was certainly aware of this at an early age and I imagine you were here, as well.

Sounds like your two biggest mistakes were"

1. Overkill in inventory, There's really no reason to be hauling two suit cases.

2. Providing and/or signing a statement for the police, prior to consulting with an attorney, is a habit you should break ASAP.

It may be that they have filed charges on you as they are planning to use you as a pawn in this caper. so they have a witness to testify against your friend in exchange for a lien sentence or dropping charges altogether. Only time will tell.
  #3  
Old 07-04-2005, 08:32 AM
Senior Member
 
Join Date: Feb 2003
Location: California
Posts: 18,343
Send a message via AIM to CdwJava Send a message via Yahoo to CdwJava
Quote:
Originally Posted by shaun2204
... The thing is, they werent mine and my friend admitted to them being ALL his. ... THEY WERENT EVEN MINE. ... I did not have any intent of doing this, it was spontanious.
OWNERSHIP is not relevant. Possession is.

You had in your possession a batch of illegal fireworks. Prior to transporting them you KNEW they were illegal yet agreed to do it anyway.

Let's change it to dope, shall we? Say your friend calls and tells you he has a kilo of "illegal" cocaine he wants you to transport. You go ahead and help him package it up and haul it away. You get busted by the cops and claim that the cocaine wasn't yours ...

See where that argument is going?

If you can afford it, hire an attorney.

- Carl
__________________
A Nor Cal Cop Sergeant

"Make mine a double mocha ...
And a croissant!"

He Who Kneels Before God
Can Stand Before Anyone

....author unknown
  #4  
Old 07-04-2005, 11:50 AM
Junior Member
 
Join Date: Jul 2005
Posts: 3

....


ok, we werent setting them off first of all. It was a shortcut to get to his house. Now it dosent matter if at all he said they ALL were his and i had nothing to do with them except helping him bring them to his friends house? anyway, at the arrainment i will plead not guilty and hope that they give me a plea bargain of disorderly conduct and a fine. if not, i will have to go to court.
Reply



Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes Rate This Thread
Rate This Thread:

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is Off
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On
Forum Jump

All times are GMT -5. The time now is 03:27 AM.



IMPORTANT NOTICE
THE VIEWS EXPRESSED ON THIS PAGE WERE NOT REVIEWED BY THE EDITORIAL STAFF OR ATTORNEYS AT FREEADVICE.COM. Thousands of professionally prepared and reviewed questions and answers in 130 legal categories are to be found at the Question and Answer pages at FreeAdvice.com.

F
reeAdvice Forums are intended to enable consumers to benefit from the experience of other consumers who have faced similar legal issues. FreeAdvice does NOT vouch for or warrant the accuracy, completeness or usefulness of any posting or the qualifications of any person responding. Use of the Forums is subject to our Terms and Conditions which prohibit advertisements, solicitations or other commercial messages, or false, defamatory, abusive, vulgar, or harassing messages, and subject violators to a fee for each improper posting. All postings reflect the views of the author but become the property of FreeAdvice. Information on FreeAdvice or a Forum should not be relied upon and is not a substitute for advice from an attorney licensed in your jurisdiction who you have retained to represent you. To locate an attorney visit AttorneyPages.com. Copyright since 1995 by Advice Company. All Rights Reserved.