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Arrests, Searches, Warrants & Procedure : Includes Right to Counsel, Fifth Amendment Rights, Right to Trial by Jury, etc.
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  #1  
Old 05-16-2005, 02:13 AM
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Join Date: May 2005
Posts: 1

Party Busted, Court Date approaching..


What is the name of your state? Washington State (cowlitz county)


I was at a friends house (Jonny, 20 years old) when the party got busted, all of the 15 people there were underage..Luckily I blew .00 on the breathalizer, so this is post is for my friend who hosted the party. Although there were 10 MIP's Issued, he was cited and arrested for 3 counts of Furnishing alcohol to minors($1500), and his court date is set for May 18 (wednesday) he has heard quite a few differen't strategies and ideas for getting out of the charges and fines..So i was hoping someone could help dispell any myths or even better Validate some points..

His miranda rights were not read.

Although jonny told sheriff not to enter the fenced/ locked gate yard, the sheriff said "call the sheriff" and entered before he received warrant.

No one was cited for MIP or even known to be intoxicated before Jonny was arrested, or before they got warrant

On the Search Warrant Jonny was spelled "Jony" and birthdate was listed as 1985 instead of 1984.

--because of these things he's considering pleading not gulity, I told him that because it is a fact that 10 MIP's were issued at his home, he doesn't have much of a chance here..so does he have any other options other than pleading gulity??

Thanks in advance for Any advice..Sorry for my little to none legal knowledge.
  #2  
Old 05-16-2005, 05:42 AM
Obnoxious1
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Quote:
Originally Posted by Pilongo
What is the name of your state? Washington State (cowlitz county)


I was at a friends house (Jonny, 20 years old) when the party got busted, all of the 15 people there were underage..Luckily I blew .00 on the breathalizer, so this is post is for my friend who hosted the party. Although there were 10 MIP's Issued, he was cited and arrested for 3 counts of Furnishing alcohol to minors($1500), and his court date is set for May 18 (wednesday) he has heard quite a few differen't strategies and ideas for getting out of the charges and fines..So i was hoping someone could help dispell any myths or even better Validate some points..

His miranda rights were not read.

Although jonny told sheriff not to enter the fenced/ locked gate yard, the sheriff said "call the sheriff" and entered before he received warrant.

No one was cited for MIP or even known to be intoxicated before Jonny was arrested, or before they got warrant

On the Search Warrant Jonny was spelled "Jony" and birthdate was listed as 1985 instead of 1984.

--because of these things he's considering pleading not gulity, I told him that because it is a fact that 10 MIP's were issued at his home, he doesn't have much of a chance here..so does he have any other options other than pleading gulity??

Thanks in advance for Any advice..Sorry for my little to none legal knowledge.
I'm not seeing anything in your post that would give him a get out of jail free card. Also, you could still be charged with possession in many instances.
  #3  
Old 05-16-2005, 06:03 AM
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Join Date: Jun 2004
Location: Connecticut
Posts: 3,591
Quote:
Originally Posted by Pilongo
What is the name of your state? Washington State (cowlitz county)


I was at a friends house (Jonny, 20 years old) when the party got busted, all of the 15 people there were underage..Luckily I blew .00 on the breathalizer, so this is post is for my friend who hosted the party. Although there were 10 MIP's Issued, he was cited and arrested for 3 counts of Furnishing alcohol to minors($1500), and his court date is set for May 18 (wednesday) he has heard quite a few differen't strategies and ideas for getting out of the charges and fines..So i was hoping someone could help dispell any myths or even better Validate some points..

His miranda rights were not read.

Although jonny told sheriff not to enter the fenced/ locked gate yard, the sheriff said "call the sheriff" and entered before he received warrant.

No one was cited for MIP or even known to be intoxicated before Jonny was arrested, or before they got warrant

On the Search Warrant Jonny was spelled "Jony" and birthdate was listed as 1985 instead of 1984.

--because of these things he's considering pleading not gulity, I told him that because it is a fact that 10 MIP's were issued at his home, he doesn't have much of a chance here..so does he have any other options other than pleading gulity??

Thanks in advance for Any advice..Sorry for my little to none legal knowledge.
His miranda rights not being read would only be an issue if he was questioned and then confessed. If the officer entered the premises before getting a warrant, but didn't actually conduct a search until getting it, that is allowed too. All of the other points are insignificant. Your friend is grasping at straws.
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  #4  
Old 05-16-2005, 06:12 AM
Obnoxious1
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Quote:
Originally Posted by Veronica1228
His miranda rights not being read would only be an issue if he was questioned and then confessed. If the officer entered the premises before getting a warrant, but didn't actually conduct a search until getting it, that is allowed too. All of the other points are insignificant. Your friend is grasping at straws.
Are you saying that real life arrests aren't like TV arrests?
  #5  
Old 05-16-2005, 06:21 AM
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Join Date: Jun 2004
Location: Connecticut
Posts: 3,591
Quote:
Originally Posted by Obnoxious1
Are you saying that real life arrests aren't like TV arrests?
No, I think they are just like TV. All of the law I know I learned from Law & Order!!!
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  #6  
Old 05-16-2005, 06:29 AM
Obnoxious1
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Quote:
Originally Posted by Veronica1228
No, I think they are just like TV. All of the law I know I learned from Law & Order!!!
I got my knowledge from Judge Judy
  #7  
Old 05-16-2005, 06:47 AM
Senior Member
 
Join Date: Jul 2004
Posts: 17,799
Nothing in your post suggests anything improper, a mispelled name or mistake in part of the birthday as long as the basic facts are correct is all that matters, it was a good bust. Your friend shoud contact a criminal defense attorney. You are lucke they didn't charge you as well.
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  #8  
Old 05-16-2005, 11:30 AM
Member
 
Join Date: Aug 2004
Location: Atlanta
Posts: 697
Quote:
Originally Posted by Veronica1228
No, I think they are just like TV. All of the law I know I learned from Law & Order!!!
Quote:
Originally Posted by Obnoxious1
I got my knowledge from Judge Judy
Ahem.....you guys.....to get a full understanding of arresting procedure is to watch Cops!!!! Goodness.....I thought everyone knew that
  #9  
Old 05-16-2005, 11:33 AM
Obnoxious1
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Quote:
Originally Posted by jpritchett81
Ahem.....you guys.....to get a full understanding of arresting procedure is to watch Cops!!!! Goodness.....I thought everyone knew that
I wouldn't watch Cops if I were you, the CIA uses that program to keep tabs on people.
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