Help please- I've never been in trouble before!

[camg1005]

What is the name of your state? Maryland

I was with a friend at a all day music festival and we were on our way to the gate.....about a half hour before, we met up with a group of people we knew from high school who were drinking beer....they were insistent that we have a beer with them and although we begged off several times, (and this is where I got stupid and screwed up) we finally each had a small amount (about a sip or so) to get them to shut up and left....in any event, we were across the parking lot, on our way to the gate when my friend saw some one she goes to college with and stopped briefly to say "hi". The next thing we knew there was a lot of commotion and a policeman was herding us into the group saying "you're with them".....other than the one guy my friend knew, we had no idea who the people in the group were or how old they were....they did have beer in their trunk and some were drinking. The policemen who cited us could not have seen us earlier because the two groups were not in sight of one another...the parking lot is a large stadium lot.

I was cited for possession of alcohol under 21. When they offered the breathalyzer, the policeman advised that anyone who had even a sip of beer anytime during that day should not take the test because they would come up positive.....so we didn't take the test.

I got my court date and requested a date change because I'll be in school without transportation to get to court, but the judge refused my request. I have no idea what I'm going to do because I WILL NOT be back in the area until winter break.

I guess my question is...what now? what are my options?

If I was not drinking or holding a beer at the time I was cited, how could I be in "possession" of alcohol?

I feel really stupid that, at my age, I actually caved and drank something! I've never been in trouble before. any help would be appreciated...thanks also for reading this...I know it's long

[seniorjudge]

Originally Posted by camg1005

What is the name of your state? Maryland

I was with a friend at a all day music festival and we were on our way to the gate.....about a half hour before, we met up with a group of people we knew from high school who were drinking beer....they were insistent that we have a beer with them and although we begged off several times, (and this is where I got stupid and screwed up) we finally each had a small amount (about a sip or so) to get them to shut up and left....in any event, we were across the parking lot, on our way to the gate when my friend saw some one she goes to college with and stopped briefly to say "hi". The next thing we knew there was a lot of commotion and a policeman was herding us into the group saying "you're with them".....other than the one guy my friend knew, we had no idea who the people in the group were or how old they were....they did have beer in their trunk and some were drinking. The policemen who cited us could not have seen us earlier because the two groups were not in sight of one another...the parking lot is a large stadium lot.

I was cited for possession of alcohol under 21. When they offered the breathalyzer, the policeman advised that anyone who had even a sip of beer anytime during that day should not take the test because they would come up positive.....so we didn't take the test.

I got my court date and requested a date change because I'll be in school without transportation to get to court, but the judge refused my request. I have no idea what I'm going to do because I WILL NOT be back in the area until winter break.

I guess my question is...what now? what are my options?

If I was not drinking or holding a beer at the time I was cited, how could I be in "possession" of alcohol?

I feel really stupid that, at my age, I actually caved and drank something! I've never been in trouble before. any help would be appreciated...thanks also for reading this...I know it's long

Q: I got my court date and requested a date change because I'll be in school without transportation to get to court, but the judge refused my request. I have no idea what I'm going to do because I WILL NOT be back in the area until winter break. I guess my question is...what now? what are my options?

A: Show up for court.




Standard answer

Here are some hints on appearing in court:

Dress professionally in clean clothes.

Do not wear message shirts.

Don't chew gum, smoke, or eat. (Smokers...pot or tobacco...literally stink. Remember that before you head for court.)

Bathe and wash your hair.

Do not bring small children or your friends.

Go to court beforehand some day before you actually have to go to watch how things go.

Speak politely and deferentially. If you argue or dispute something, do it professionally and without emotion.

Ask the court clerk who you talk to about a diversion (meaning you want to plead to a different, lesser charge), if applicable in your situation. Ask about traffic school and that the ticket not go on your record, if applicable. Ask also about getting a hardship driving permit, if applicable. Ask about drug court, if applicable.

From marbol:

“Judge...

You forgot the one thing that I've seen that seems to frizz up most judges these days:

If you have a cell phone, make DAMN SURE that it doesn't make ANY noise in the courtroom. This means when you are talking to the judge AND when you are simply sitting in the court room.

If you have a ‘vibrate’ position on your cell phone, MAKE sure the judge DOESN'T EVEN HEAR IT VIBRATE!

Turn it off or put it in silent mode where it flashes a LED if it rings. AND DON'T even DREAM about answering it if it rings.”

(Better yet, don’t carry your cell phone into the courtroom.)”


Here are five stories that criminal court judges hear the most (and I suggest you do not use them or variations of them):

1. I’ve been saved! (This is not religion specific; folks from all kinds of religious backgrounds use this one.)

2. My girlfriend/mother/sister/daughter/wife/ex-wife/niece/grandma/grand-daughter is pregnant/sick/dying/dead/crippled/crazy and needs my help.

3. I’ve got a job/military posting in [name a place five hundred miles away].

4. This is the first time I ever did this. (This conflicts with number 5 below, but that hasn’t stopped some defendants from using both.)

5. You’ve got the wrong guy. (A variation of this one is the phantom defendant story: “It wasn’t me driving, it was a hitchhiker I picked up. He wrecked the car, drug me behind the wheel then took off.” Or, another variation: “I was forced into it by a bad guy!”)

[url]http://forum.freeadvice.com/showthread.php?p=854687#post854687[/url]

Public defender’s advice

[url]http://newyork.craigslist.org/about/best/sfo/70300494.html[/url]


Other people may give you other advice; stand by.

[camg1005]

thanks for the advice.....another question.....do I have to tell the judge that I did drink a small amount of beer earlier that day or do I just tell him/her that I was not in possession at the time I was cited? Isn't it just my word against the officer's word? I suspect he/she will ask me why I refused a breathalyzer. The truth is that there was so much commotion and I was crying so much and was so panicked that I didn't know what was happening.

[scot4538]

The judge will conclude that you did not take the breatherlizer test because you had some. End of story.

[seniorjudge]

Originally Posted by camg1005

thanks for the advice.....another question.....do I have to tell the judge that I did drink a small amount of beer earlier that day or do I just tell him/her that I was not in possession at the time I was cited? Isn't it just my word against the officer's word? I suspect he/she will ask me why I refused a breathalyzer. The truth is that there was so much commotion and I was crying so much and was so panicked that I didn't know what was happening.

It is up to the government to prove you had the booze; it is not up to you to prove you did not have it.

By the way, leave out all that crying stuff.

[ENortham]

I am certainly not an expert on anything, but I live in Maryland and have friends who have been in the same situation that you have. Recently, a police officer showed up as I was picking up my boyfriend from a friends house where they had been drinking. The officer issued him an alcohol citation while he was making his way from the house to the car. He had no alcohol on him nor did he take the breath test. When the court date came around, the judge literally laughed in the face of the officer. He asked one simple question..."Did you ask him for his driver's license?"...response: "No."...The judge told him he was free to go. A few of my friends have also been in similar situations and they all got lucky by not having the officer show up in court. From a non-lawyer or police officer standpoint I wouldn't tell anyone in that court room that you had even a little beer...it's like the time that I went to traffic court and the officer who gave me the ticket was in Baghdad (I pleaded guilty, like my dad told me to...and got the ticket when I should have been told to go home)...I probably shouldn't be giving advice but I thought I'd share my experiences.

PS - This was all in Wicomico County...so our judges could be a little different than yours.

[camg1005]

thanks for your answers.... I did not carry my license that day and had no ID. I told the officer that. The police took my picture and ask for my name and address. The officer also admitted that he did not see us with alcohol, thanked us for being "respectful" to him, but said the police could not arrest everyone in the parking lot and had to make examples of someone. I'm pretty sure the officer(s) will be in court.....they cited and/or arrested many people that day.

I'm still worried about what happens if I cannot get to court....as I said, I have no transportation once I'm at school......the friend that was with me was given another court date because she will also be at school at that time.....should I try writing to the court one more time to request another date, or will that just annoy the judge and make matters worse?

thanks again

[ENortham]

Hey, I'm in college too and could find a way home. Bust ass, get home and go to court. The sooner it is over the less stressed you'll be anyway, and if you do get it rescheduled, it may not be over winter break or whenever you AREN'T at school.

[CdwJava]

Missing court is not an option. If you miss court, the judge may decide to issue a nasty thing called an "arrest warrant" ... having to deal with that can be an even greater inconvenience.

However, you might be able to get an attorney to attend court and plead guilty for you. There may also be an option to pay the fine in lieu of going to court, or to attend court early to plead guilty and pay the fine. If you intend to challenge the cite, your options are greatly limited as you will need to be present.

- Carl

[camg1005]

thanks everyone...I appreciate the feedback

[camg1005]

hi again.....i thought of something else....

according to the information i'm able to obtain, i see that the fine for a first offense for possession of alcohol under 21 in my state is "up to $500"......does anyone know if there's a chance the judge would give me probation before judgement, especially considering i've never been in trouble and i was not in possession when i was cited?

would a judge realistically be willing to take my side of the story into consideration if i am there without a lawyer, or will it just be my word against the officer that cited me?

will i have to put this on a job application in the future?

sorry to bother again but i'm really stressed about this...

thanks again

[seniorjudge]

Q: according to the information i'm able to obtain, i see that the fine for a first offense for possession of alcohol under 21 in my state is "up to $500"......does anyone know if there's a chance the judge would give me probation before judgement, especially considering i've never been in trouble and i was not in possession when i was cited?

A: Yes, there is a chance but I cannot tell you if it is a good chance or bad chance. You need to ask. (Re-read my first post.)



Q:would a judge realistically be willing to take my side of the story into consideration if i am there without a lawyer, or will it just be my word against the officer that cited me?

A: The judge should listen to you whether you have a lawyer or not.


Q: will i have to put this on a job application in the future?

A: It depends on if there is a conviction or not; if you are unclear what is happening, ask the judge.

[seniorjudge]

Originally Posted by camg1005

thanks everyone...I appreciate the feedback

Do NOT miss court.