Need Legal Advice on Fireworks charge ASAP

[aaron_L]

What is the name of your state? Colorado

Hello, about a month ago I was arrested for possession of illegal fireworks(statute 8-2b/12-28-101) and minor in consumption(statute 18-13-122(2)). They took me into custody and brought me into the station for questioning but did not take my photo or finger prints and I was later issued a municipal court summons and was released from custody. The thing I wanted to know about is if there is a possible jail time penalty for the fireworks charge? Can there also be a fine accessed and if so how much? And would there be a difference in the severity of the penalty if there was a fire ban at the time the incident occured even though it was in city limits? Any comments on this would be greatly appreciated since I have a date in municipal court tomorrow morning.

Thanks,

Aaron

[xylene]

Consumption charge

(b) (I) Upon conviction of a first offense, illegal possession or consumption of ethyl alcohol by an underage person shall be punished by a fine of not more than one two hundred fifty dollars. The court, upon sentencing a defendant pursuant to this paragraph (b), may, in addition to any fine, order that the defendant perform up to twenty-four hours of useful public service, subject to the conditions and restrictions of section 18-1.3-507, and may further order that the defendant submit to and complete an alcohol evaluation or assessment, an alcohol education program, or an alcohol treatment program at such defendant's own expense.

(II) Upon conviction of a second offense, illegal possession or consumption of ethyl alcohol by an underage person shall be punished by a fine of not more than five hundred dollars, and the court shall order the defendant to submit to and complete an alcohol evaluation or assessment, an alcohol education program, or an alcohol treatment program, at the defendant's own expense. The court may further order the defendant to perform up to twenty-four hours of useful public service, subject to the conditions and restrictions specified in section 18-1.3-507.

(III) Upon conviction of a third or subsequent offense, illegal possession or consumption of ethyl alcohol by an underage person shall be a class 2 misdemeanor, and the court, in addition to sentencing the defendant pursuant to the provisions of section 18-1.3-501, shall order the defendant to submit to and complete an alcohol evaluation or assessment, an alcohol education program, or an alcohol treatment program, at the defendant's own expense.

Fireworks

Per the attorney general's website, looks like up to six months in jail and/or maximum fine of $750.

could be less.

[aaron_L]

Originally Posted by xylene

Fireworks

Per the attorney general's website, looks like up to six months in jail and/or maximum fine of $750.

could be less.

Where did you find this information on the attorney general's website? I couldn't find it. thanks!

[xylene]

[url]http://www.ago.state.co.us/pr/070502_link.cfm[/url]

I could not however find the full statute.

You are probaby looking at ~1k in fines, some community service, and possibly an alcohol program, depending on your record. Jail is a possibility but far from a certainty.

The fireban is statewide, the city limits thing does not make a differnce, it might have if the executive order was not in effect. But it is, so that is moot.

[aaron_L]

thanks for the link xylene. I expect for me to probably get a good amount of community service hours and a fine but I didn't think that it would get as high as $1,000. I looked at the site and that penalty falls under "use of fireworks". I actually didn't light any fireworks, I just had them on me. So would I fall under the statute: (§ 12-28-102, C.R.S 2001) since it is already against Colorado law to unlawfully possess or discharge most fireworks? Do you have any idea of what the fine could be for that? And the only other thing I have on my "record" is another minor in consumption charge, but that happened over a year ago and I completed the community service for that so wouldn't it be deferred and not show up on my record? Thanks again for the help!

[xylene]

Originally Posted by aaron_L

thanks for the link xylene. I expect for me to probably get a good amount of community service hours and a fine but I didn't think that it would get as high as $1,000. I looked at the site and that penalty falls under "use of fireworks". I actually didn't light any fireworks, I just had them on me. So would I fall under the statute: (§ 12-28-102, C.R.S 2001) since it is already against Colorado law to unlawfully possess or discharge most fireworks? Do you have any idea of what the fine could be for that? And the only other thing I have on my "record" is another minor in consumption charge, but that happened over a year ago and I completed the community service for that so wouldn't it be deferred and not show up on my record? Thanks again for the help!

However, to my reading, that is the penalty for the use of permitted fireworks during a declared state fireban, which is increased to the penalty for possession of illegal fireworks. Again I was not able to find the exact text of the statute.

If you have another minor in consumption it will in all likelyhood be considered your second offense. so the fines will go up and you will almost certainly do more community service and probably have to do an alcohol elvaluation at least.

I stand by my assesment of apprx 1k (the tilda '~' before a number means approximately)

What did you pay in fine on your first Minor in Consumption? It won't be less. So that amount plus an amount no more that $750 and community service. Jail is a prospect but seems unlikely. Circumstances will matter.