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Furnishing alcohol to minor - not charged at party but warrant for arrest 10 days ltr

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impactplayer

Junior Member
What is the name of your state? Texas

Hi everyone,

10 days ago, my friend threw a birthday party for her boyfriend. She had alcohol there, and minors (that she did not know and did not invite) were there drinking. The cops busted the party. She claimed full responsibility for the party. They took inventory on all of the alcohol there, and confiscated all of the bottles. The cop said "you know we could arrest you for this". The cop then told her that she would get a call from the police department the following week, and they would let her know if she was being charged. She was not given a citation at the time of the offense, but all of the minors were issued MIPs.

She got a call earlier today telling her that there is a warrant for her arrest, she is being charged with a Class A misdemeanor "Furnishing alcohol to minors". They told her she can either turn herself in or they will come pick her up.

Can the police department do this? Can they not charge her with anything at the time of the offense, not issue her a citation, and then come back 10 days later and arrest her? It seems like it's an obvious offense: she should have been given a ticket for furnishing alcohol to minors at the party, not 10 days later. What options does she have here?
 


CdwJava

Senior Member
Can the police department do this? Can they not charge her with anything at the time of the offense, not issue her a citation, and then come back 10 days later and arrest her? It seems like it's an obvious offense: she should have been given a ticket for furnishing alcohol to minors at the party, not 10 days later. What options does she have here?
They always have the choice whether or not to take action at the scene or file the report. It happens all the time.

Her options at this point are simple - to retain counsel, or not.

- Carl
 

impactplayer

Junior Member
Ok, thanks for clearing that up everyone.

She's contacted a few attorneys in the area and they're asking for $1500. She can't afford an attorney right now because she's in college and not working. It would probably be a couple of weeks before she can get the money from someone.

What should she do in this situation? Should she turn herself in? Will they appoint an attorney for her if she cannot afford one? And if she does turn herself in, is it likely that they are going to hold her in jail for any amount of time?
 

AlanShore

Member
What should she do in this situation?
Hire a lawyer as quick as possible or attempt to negotiate with a DA to a reduced charge.

Should she turn herself in?
If there is a warrant for her arrest, YES.

Will they appoint an attorney for her if she cannot afford one?
Usually.

And if she does turn herself in, is it likely that they are going to hold her in jail for any amount of time?
She will be booked and processed. Call the police department to see their specific policy. She should be able to get bail ASAP.
 

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