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  1. #1
    Random Hero is offline Junior Member
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    Drinking Underage and Criminal Trespassing

    What is the name of your state? ILLINOIS


    Alright. Im not gonna make myself out to be a saint, or try to spin the story in any way, cause that wont help.

    Me and several friends, including my Girlfriend, all decided only several Hours ago that we should get some alcohol and goto a warehouse, which is under construction/Still being built, a drink.

    We did so. And got away with it. Shortly after, we returned with a 30 case of beer. It wasnt the best call but seeing as we are all under the age 21, and no one has there own place, It seemed like it would make for a good story, which it indeed will end up being a story.

    We all drank maybe only a beer or two a peice, not lying at all. And then it happened. Cops came from every direction entering the warehouse, there were K-9 units, you know the whole nine yards. Anyway, We all get arrested after trying to run, which obviously didnt work.

    After being hand cuffed and read my rights, which not all arrested were read their rights, we were taken to the station. There I sat Handcuffed to a bench for 2 hours, before i had to sign 2, what looked like tickets, Trespass and underage consumption, and A I-bond form.

    There was no breathalizer (spelling?), there was no questions, i wasnt asked anything other then my name, and if i have any weapons upon myself. There was no confessions nothing, just straight to signing a ticket and getting out. Wasnt fingerprinted or photographed in any way.

    Im 19, Living In Dekalb, IL, and was charged with Criminal Trespassing as well as consumption of Alcohol under the age limit, or whatever the fancy law term is for it.

    I have no priors at all, never been arrested before.

    I know Crim. Trespass is a Class A Misdemeanor..

    I would like to know what im looking at, as a punishment. Community service? Fines? Possible Jail? Anything? Please get back to me soon, My Court Date is on one month from tommorrow.

    Any advice, will definitely help, seeing as im probably going to be defending myself.
  2. #2
    Random Hero is offline Junior Member
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    Another Question

    My Girlfriend, 17, as mentioned earlier was there as well. She was arrested too. This took place past curfew.

    So I Imagined she will be charged with curfew.
    She drank so i know they will give her underage consumption
    She was there so she is gonna get Criminal Trespassing.
    She was holding My pack of cigarettes as well, truth, and a beer in her purse. (I know what your thinking, I have absolutely no idea why either.)
    And to top it all of she is on probation still, though im not sure what level.
    I believe her last arrest was also for underage drinking.

    I was wondering if anyone knows what is to become of her?
    Meaning what should she expect as a sentence in her case.

    Thanks again.
  3. #3
    The Occultist is offline Senior Member
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    Quote Originally Posted by Random Hero View Post
    My Girlfriend, 17, as mentioned earlier was there as well. She was arrested too. This took place past curfew.

    So I Imagined she will be charged with curfew.
    She drank so i know they will give her underage consumption
    She was there so she is gonna get Criminal Trespassing.
    She was holding My pack of cigarettes as well, truth, and a beer in her purse. (I know what your thinking, I have absolutely no idea why either.)
    And to top it all of she is on probation still, though im not sure what level.
    I believe her last arrest was also for underage drinking.

    I was wondering if anyone knows what is to become of her?
    Meaning what should she expect as a sentence in her case.

    Thanks again.
    It is rude to hijack a thread. Please start a new thread in which to ask your questions, and please also make sure to include the name of your state.
  4. #4
    racer72 is offline Senior Member
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    Quote Originally Posted by The Occultist View Post
    It is rude to hijack a thread. Please start a new thread in which to ask your questions, and please also make sure to include the name of your state.
    The OP hijacked his own thread?
    If you feel my answer is rude, mean, snarky or in anyway not to your liking, I did my job. You don't need to tell me.

    No private messages, I do not reply to them.
  5. #5
    DaveInPhx is offline Member
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    Based on what you posted (no breathalyser, no questioning, etc), it doesn't sound like the officers were very interested in the alcohol. You're basically dead to rites on the trespassing, though, so maybe that's why they didn't concern themselves with the alcohol. If I had to guess, I'd say the alcohol charges will probably end up getting dropped in exchange for a guilty plea to the trespassing charge.

    There's no way to predict an outcome, but "kids" trespass all the time. If there was no vandalism, you'll probably get a deal for 100 or so hours of community service and a couple of years of probation. They may even offer to reduce the misdemeanor charge to a lower class misdemeanor (class C or whatever it is in your state) upon successful completion of probation.

    As far as your GF is concerned, she may get a few months in jail. The only thing going for her is the fact that she's still a minor and none of this will appear on her permanent record. She needs to seriously take advantage of the counseling the courts have provided to her. She obviously needs it.
  6. #6
    The Occultist is offline Senior Member
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    Quote Originally Posted by racer72 View Post
    The OP hijacked his own thread?
    Boy I must have been tired last night; could have sworn those were two different handles My apologies OP!
  7. #7
    Indiana Filer is offline Senior Member
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    Quote Originally Posted by DaveInPhx View Post
    Based on what you posted (no breathalyser, no questioning, etc), it doesn't sound like the officers were very interested in the alcohol. You're basically dead to rites on the trespassing, though, so maybe that's why they didn't concern themselves with the alcohol. If I had to guess, I'd say the alcohol charges will probably end up getting dropped in exchange for a guilty plea to the trespassing charge.
    The officers testimony will be the proof for the alcohol charges. The officers will testify that they smelled the alcohol on the persons arrested on alcohol charges.

    There's no way to predict an outcome, but "kids" trespass all the time.
    Y'know, I don't think the "everybody does it" defense works very well.

    If there was no vandalism, you'll probably get a deal for 100 or so hours of community service and a couple of years of probation. They may even offer to reduce the misdemeanor charge to a lower class misdemeanor (class C or whatever it is in your state) upon successful completion of probation.
    The prosecutor probably won't offer this. It's possible that a defense attorney could get this as a plea agreement.

    As far as your GF is concerned, she may get a few months in jail.
    Juveniles don't go to jail, they go to detention centers. And there is no way this offense would qualify for a few months in detention.

    The only thing going for her is the fact that she's still a minor and none of this will appear on her permanent record.
    It WILL appear on her permanent record if she admits to the allegations or is found to have committed the offenses. It's a fallacy that juvenile charges disappear like magic on the 18th birthday. I can run an NCIC check and see juvenile arrests. Any law enforcement agency can see her arrests. She could apply to have it expunged, but it's not automatic, and the Court does not have to grant the motion for expungment.

    She needs to seriously take advantage of the counseling the courts have provided to her. She obviously needs it.
    All right! You finally got something right in this thread!

    OP: In the recommendations that I make for probation terms, I always recommend that the co-defendants have no contact with one another. If any of you get that as a condition of probation, do not contact each other in any way. It would be a probation violation.
  8. #8
    DaveInPhx is offline Member
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    Quote Originally Posted by Indiana Filer View Post
    Y'know, I don't think the "everybody does it" defense works very well.
    I wasn't implying using it as a defense. I was saying it wasn't like it was a murder rap and not something to get your panties in a wad over.
    Juveniles don't go to jail, they go to detention centers. And there is no way this offense would qualify for a few months in detention.
    On a second offense?

    It WILL appear on her permanent record if she admits to the allegations or is found to have committed the offenses. It's a fallacy that juvenile charges disappear like magic on the 18th birthday. I can run an NCIC check and see juvenile arrests.
    If she gets her act together it's effectively gone from any record a future employer would be likely to find.

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