Help... Is this Legal?

[twood99]

What is the name of your state- NEW JERSEY
My 18 yr old son was pulled over for suspicious behavior. While approaching vehicle, Officer spotted a unopened/sealed 12pack of Miller Lite. He arrested him NJS 2C:33-15A possession of alcohol by a minor in a motor vehicle. My question is does -the alcohol found in bed of P/U constitute being IN vehicle? He had nothing to drink and was not charged with any DWI offenses.
Just to be on the up and up, The officer then arrested him and searched vehicle... wherein he found a set of brass knuckles; which son said he bought that day @ Columbus Flea market. He then was additionally charged with Possession of an dangerous weapon. Think its a 4th degree felony.. but felony for sure. So.. if the alcohol in bed of P/U wasn't illegal, then would the presumption to search cab be tossed? He's a decent kid ( the 12 pack notwithstanding ) , has no prior arrest or legal troubles, is enlisted in US Navy Delayed Entry Program. We appeared in municipal Court 11/8/09, and it got passed up to Superior Court. I imagine for Grand Jury review?

 

[CdwJava]

He needs an attorney ASAP.

Unless the statute or case law specifically allows for alcohol to be transported by a minor in the bed of a truck of in the trunk, I think he's in trouble for it.

2C:33-15 Possession, consumption of alcoholic beverages by persons under legal age; penalty.

1. a. Any person under the legal age to purchase alcoholic beverages who knowingly possesses without legal authority or who knowingly consumes any alcoholic beverage in any school, public conveyance, public place, or place of public assembly, or motor vehicle, is guilty of a disorderly persons offense, and shall be fined not less than $500.00.

b.Whenever this offense is committed in a motor vehicle, the court shall, in addition to the sentence authorized for the offense, suspend or postpone for six months the driving privilege of the defendant. Upon the conviction of any person under this section, the court shall forward a report to the New Jersey Motor Vehicle Commission stating the first and last day of the suspension or postponement period imposed by the court pursuant to this section. If a person at the time of the imposition of a sentence is less than 17 years of age, the period of license postponement, including a suspension or postponement of the privilege of operating a motorized bicycle, shall commence on the day the sentence is imposed and shall run for a period of six months after the person reaches the age of 17 years.​

He also possessed it in a public place. Since possession is a crime of dominion and control, if he knew about the alcohol and was able to exercise control over the alcohol, he was in possession. His attorney can TRY and make a stretch of an argument that it is not possession, but that's a heck of a long shot.

I suspect that there may well be a diversion program in his future.

 

[Shadowbunny]

He's a decent kid ( the 12 pack notwithstanding ) , has no prior arrest or legal troubles, is enlisted in US Navy Delayed Entry Program. We appeared in municipal Court 11/8/09, and it got passed up to Superior Court. I imagine for Grand Jury review?

He needs to talk to his Navy Recruiter, and ASAP. Depending on the outcome of this, he may have just torpedoed his Navy career. And don't let your son think he can hide this from the Navy. They will find out.

 

[twood99]

Thanks for the insight... The officer who arrested him is a quasi- town friend ( who didnt know it was my son) and has told me he would try to help keep it in municipal court. I do have an attorney avail. thru my union, but only if its not a felony. So I keeping my fingers crossed that they send it back down. His recruiter came to arraignment, but they were only advising him of the charges.. so I'll keep you posted if you want Thanks again

 

[Antigone*]

Thanks for the insight... The officer who arrested him is a quasi- town friend ( who didnt know it was my son) and has told me he would try to help keep it in municipal court. I do have an attorney avail. thru my union, but only if its not a felony. So I keeping my fingers crossed that they send it back down. His recruiter came to arraignment, but they were only advising him of the charges.. so I'll keep you posted if you want Thanks again

Why should your son have been treated any differently than someone who was not "a quasi- town friend."

 

[twood99]

Wow, couldn't help being be a jerk... But then again, I did ask for advice right? So I'm fair game to those who sit behind their username and practice the witty, profound and self-promoting sniper fire.... as witnessed above. To answer your question...Everyone --- EVERYONE at some point in life needs a break.. doesnt have to be a big break, just a chance. I'm hoping that this is my son's turn-thats why. If you haven't ever been in that position to receive the "break" , I hope you don't turn it down on your "principal" displayed above. If you have received the "break"... what the hell happened to you?

 

[cyjeff]

Wow, couldn't help being be a jerk... But then again, I did ask for advice right? So I'm fair game to those who sit behind their username and practice the witty, profound and self-promoting sniper fire.... as witnessed above. To answer your question...Everyone --- EVERYONE at some point in life needs a break.. doesnt have to be a big break, just a chance. I'm hoping that this is my son's turn-thats why. If you haven't ever been in that position to receive the "break" , I hope you don't turn it down on your "principal" displayed above. If you have received the "break"... what the hell happened to you?

Wait a minute.

Laws only work when NO ONE is above them. King or serf... president or day worker.

If your son needed a break, he should have thought a little farther ahead when buying a felony worthy weapon.

"Breaks", by the way, are usually illegal... and you would be howling just as loud if that "break" favored another over you.

 

[twood99]

OMG really? I apologize to everyone. LOL I cant believe you actually typed "King or Serf" .LMAO I am totally out of my league- I bow to all who gather here .
Thanks again to the Posters Shadowbunny and CdwJava for actually addressing the topic, I appreciate the direction you indicated. I now will humbly ( and walking funny from you vicious spanking LOL) depart from this land you call CAMELOT, and return to my Land of Bad Parenting and Felonius Children.
Good day Sir

 

[Antigone*]

Wow, couldn't help being be a jerk... But then again, I did ask for advice right? So I'm fair game to those who sit behind their username and practice the witty, profound and self-promoting sniper fire.... as witnessed above. To answer your question...Everyone --- EVERYONE at some point in life needs a break.. doesnt have to be a big break, just a chance. I'm hoping that this is my son's turn-thats why. If you haven't ever been in that position to receive the "break" , I hope you don't turn it down on your "principal" displayed above. If you have received the "break"... what the hell happened to you?

"Breaks" like this is where your son will get his sense of entitlement and arrogance. Instead of holding him accountable for his criminal behaviour you're excusing it. Oh well, another example of the apple not falling far from the tree.

The best thing you can do for your son now is follow Carl's advice and get him an attorney. He will need one.

 

[cyjeff]

OMG really? I apologize to everyone. LOL I cant believe you actually typed "King or Serf" .LMAO I am totally out of my league- I bow to all who gather here .
Thanks again to the Posters Shadowbunny and CdwJava for actually addressing the topic, I appreciate the direction you indicated. I now will humbly ( and walking funny from you vicious spanking LOL) depart from this land you call CAMELOT, and return to my Land of Bad Parenting and Felonius Children.
Good day Sir

Cute.

Carl is an excellent source of information.

he would also be the first to state that using personal influence to game the system is not only illegal but, also, unethical.

Sarcasm does not serve you well here. My reference was to the Magna Carta... in which King John was forced to bow to the force of law... even over a king. This is the base document (written in 1215) upon which most modern law... including the Constitution is based.

A system where only SOME people are bound by law due to personal influence is an abomination of our very legal structure.

And spits in the eye of the Constitution your swabby son will take an oath to defend... and I quote...

I, (name), do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; and that I will obey the orders of the President of the United States and the orders of the officers appointed over me, according to regulations and the Uniform Code of Military Justice. So help me God.

I see nothing in the oath that states "unless you know someone that can get you a break."

 

[twood99]

OK... you've convinced me. I was really hoping that if the felony could be kept as a misdemeanor, I could get him in to a diversion program or some type of structured intervention. That's it. However, I am now of the opinion he deserves HARD TIME. <<< Now that's Sarcasm>>>
I agree that sarcasm does not serve me well here, I am a father that wants to help his son-period. To think that I didn't (and still do) , question his sensibility for purchasing the brass knuckles is in my opinion- just taking easy pot shots... similar to " the apple not falling far from the tree"-however I did call somebody a jerk. While all the examples, and quotations sited are well grounded in truth, is it really warranted- really? Is it required to point out everything wrong just to be right? I just wanted to help my son. Rest assured of two things -1) I will take Carl's advice.2) I will not post here again.

 

[Zigner]

OK... you've convinced me. I was really hoping that if the felony could be kept as a misdemeanor, I could get him in to a diversion program or some type of structured intervention. That's it. However, I am now of the opinion he deserves HARD TIME. <<< Now that's Sarcasm>>>
I agree that sarcasm does not serve me well here, I am a father that wants to help his son-period. To think that I didn't (and still do) , question his sensibility for purchasing the brass knuckles is in my opinion- just taking easy pot shots... similar to " the apple not falling far from the tree"-however I did call somebody a jerk. While all the examples, and quotations sited are well grounded in truth, is it really warranted- really? Is it required to point out everything wrong just to be right? I just wanted to help my son. Rest assured of two things -1) I will take Carl's advice.2) I will not post here again.

Another satisfied customer.

Look - your wunderkind had beer and a weapon. It's really that straight-forward.

 

[CdwJava]

Neither of these issues are likely to be a problem for him if he has no prior record and has been taking care of business at school and home. There are deferral programs out there in most states and counties to keep this off of a kid's record if the authorities do not believe he is a problem child. This is why you need to speak with an attorney. If these are truly the most heinous things he has done, then he can tread softly in the future and keep his nose clean for a year or two, and this may well go away.

 

[Shadowbunny]

Even a misdemeanor can spell the end of his Navy aspirations. Currently, the Army isn't allowing anyone who requires a waiver for alcohol or weapons-related offenses in. They don't need to -- too many folks who DON'T require a waiver want to join.

And the Navy is more stringent than the Army. Unless your son has some seriously special skills that the Navy is just itching to have, he may have a problem.

Now, that being said: the waiver requirements change frequently. So if the Navy turns him down after the disposition of his case, he can always try again in 6 months or a year.

I'd really like to know how this turns out.

 

[HighwayMan]

My 18 yr old son was pulled over for suspicious behavior.

What does that mean? What was suspicious about his behavior?

Certainly the alcohol charge is valid. The fact that the portion of the vehicle that it was in was open is not relevant.

If there is any challenge to this it might be the reason for the stop. Everything else is clearly valid.