arrested for underage drinking but not underage

[mkathyf]

What is the name of your state (only U.S. law)? Ohio
I am asking this question for a friend of my son. Would like to help him if I can. I will call him "Joe".

A few months ago, Joe was found guilty of a DUI. He did his 3 days and the rest of the time was suspended.
Of course, he lost driving privileges and his license was taken.

Last night,Joe called my son to pick him up at the county jail. He had been at a music festival. He ran into an old friend who told him to join him and his friends and have a beer (they had a keg). His friend went off to talk to someone else and Joe helped himself to a beer. At that time, an officer came up to check ID's.
Well, Joe didn't have an ID...because it had been taken. Then, the other roudy guys in the group said Joe was drinking their beer. (Joe's friend was nowhere to be found). Since he had no ID, the officer cuffed him and took him to county jail. (he is 23 years old).
Then, I guess when they were taking his stuff (emptying pockets, etc)., they found a bag with a little bit of weed...so now he has a possession charge.

SO......how does it look for him? Does the possession charge stand if he was arrested for underage consumption...when he isn't underage?
I would like to help this kid, because his parents are the ones who have messed him up. He is one of the kids who doesn't stand a chance as long as he lives at home. (His parents couldn't pick him up because they were drunk) His parents also do drugs.

Any advice?

 

[Ohiogal]

What is the name of your state (only U.S. law)? Ohio
I am asking this question for a friend of my son. Would like to help him if I can. I will call him "Joe".

A few months ago, Joe was found guilty of a DUI. He did his 3 days and the rest of the time was suspended.
Of course, he lost driving privileges and his license was taken.

Last night,Joe called my son to pick him up at the county jail. He had been at a music festival. He ran into an old friend who told him to join him and his friends and have a beer (they had a keg). His friend went off to talk to someone else and Joe helped himself to a beer. At that time, an officer came up to check ID's.
Well, Joe didn't have an ID...because it had been taken. Then, the other roudy guys in the group said Joe was drinking their beer. (Joe's friend was nowhere to be found). Since he had no ID, the officer cuffed him and took him to county jail. (he is 23 years old).
Then, I guess when they were taking his stuff (emptying pockets, etc)., they found a bag with a little bit of weed...so now he has a possession charge.

SO......how does it look for him? Does the possession charge stand if he was arrested for underage consumption...when he isn't underage?
I would like to help this kid, because his parents are the ones who have messed him up. He is one of the kids who doesn't stand a chance as long as he lives at home. (His parents couldn't pick him up because they were drunk) His parents also do drugs.

Any advice?

Yes your son's friend's possession charge stands because he could not prove that he was not underage and he apparently looks underage. Ummm, as for his parents -- weren't you arrested for public intox just a few weeks ago?

 

[mkathyf]

Y Ummm, as for his parents -- weren't you arrested for public intox just a few weeks ago?

That was my son using my user name. I thought it would be good for him to ask questions and get answers. (he now has his own user name)
LOL....I am 55 and have not had any form of ticket since I was 16 (speeding).
I try to raise kind and responsible children, and I believe I have done so.
Unfortunately, my son seems to make bad choices; which on the surface seem innocent and harmless enough, but still get him into trouble.

As for his friend's parents...they are bad news. They drink a lot and "smoke" a lot. He doesn't seem to have a chance as long as he lives with them.

But, thank you for your replies...you have been very helpful.

One more question, though, about what my son is facing.
The ticket you are referring to was for carrying an open container. No public intoxication charges (because he wasn't) (University Heights)
Upon checking, it is an M4. However, when we were talking with the prosecutor, we/I confirmed the M4, and he emphatically told us it is an M2...which altered our thinking on how to handle the situation. (plead no contest and take your lumps!)
Once we got home, I called University Heights and was told it is an M4. I then called Shaker Heights (court that handles cases for U. Heights). They looked up his case number and told me it is an M4.
SO....why did the prosecutor tell us M2? Is he playing games...trying to get my son to get into programs just to give the system more money?
I don't understand.

Thanks for your help....and sorry about the confusion.

 

[Ohiogal]

That was my son using my user name. I thought it would be good for him to ask questions and get answers. (he now has his own user name)
LOL....I am 55 and have not had any form of ticket since I was 16 (speeding).
I try to raise kind and responsible children, and I believe I have done so.
Unfortunately, my son seems to make bad choices; which on the surface seem innocent and harmless enough, but still get him into trouble.

As for his friend's parents...they are bad news. They drink a lot and "smoke" a lot. He doesn't seem to have a chance as long as he lives with them.

But, thank you for your replies...you have been very helpful.

One more question, though, about what my son is facing.
The ticket you are referring to was for carrying an open container. No public intoxication charges (because he wasn't) (University Heights)
Upon checking, it is an M4. However, when we were talking with the prosecutor, we/I confirmed the M4, and he emphatically told us it is an M2...which altered our thinking on how to handle the situation. (plead no contest and take your lumps!)
Once we got home, I called University Heights and was told it is an M4. I then called Shaker Heights (court that handles cases for U. Heights). They looked up his case number and told me it is an M4.
SO....why did the prosecutor tell us M2? Is he playing games...trying to get my son to get into programs just to give the system more money?
I don't understand.

Thanks for your help....and sorry about the confusion.

Best guess -- he made a mistake -- attorneys are not perfect. The judge cannot sentence him to the punishment for an M2 if it is an M4 without it being reversible error.

 

[dave33]

What is the name of your state (only U.S. law)? Ohio
I am asking this question for a friend of my son. Would like to help him if I can. I will call him "Joe".

A few months ago, Joe was found guilty of a DUI. He did his 3 days and the rest of the time was suspended.
Of course, he lost driving privileges and his license was taken.

Last night,Joe called my son to pick him up at the county jail. He had been at a music festival. He ran into an old friend who told him to join him and his friends and have a beer (they had a keg). His friend went off to talk to someone else and Joe helped himself to a beer. At that time, an officer came up to check ID's.
Well, Joe didn't have an ID...because it had been taken. Then, the other roudy guys in the group said Joe was drinking their beer. (Joe's friend was nowhere to be found). Since he had no ID, the officer cuffed him and took him to county jail. (he is 23 years old).
Then, I guess when they were taking his stuff (emptying pockets, etc)., they found a bag with a little bit of weed...so now he has a possession charge.

SO......how does it look for him? Does the possession charge stand if he was arrested for underage consumption...when he isn't underage?
I would like to help this kid, because his parents are the ones who have messed him up. He is one of the kids who doesn't stand a chance as long as he lives at home. (His parents couldn't pick him up because they were drunk) His parents also do drugs.

Any advice?

When he goes to court the underage will get dismissed. He will have to deal with the possession charge. He may also have to deal with some sort of violation. Given thye recent situation, he is most likely on probation. No?

You seem to be a decent and caring person for doing what you are doing for the young man. Try to keep in mind you are only hearing one side of the story. goodluck.

 

[HighwayMan]

As long as there was probable cause for the arrest, any evidence found during a search incident to that arrest is valid. A defense attorney could deal with whether there was, in fact, probable cause for the arrest to begin with based upon all of the facts and circumstances.