What can I expect in court?

[nomemoryof1121]

What is the name of your state (only U.S. law)?
New York

Hey, I have a court date scheduled for december 2nd to answer to charges of petit larceny. I went to a party a few nights ago, and don't remember anything other than a few random moments after the first few minutes at the party, until around 3am when I was in a cop car. It turns out that I ended up leaving the party (I'm not sure how as I didn't have my car there) and went into a strangers car and took an iPod and radar detector, then was stopped by police with the items in my pocket a few minutes later. I am 17 y/o, have no record, and am at the top of my class in highschool with no discipline record there either. I don't remember ever being read my rights by the police, and I know this would dismiss the case on a technicality, but I don't remember much of anything from this night so I can't really offer that as a defense. I talked to a doctor and they think I got a drink spiked with either GHB or Rufenol, but this wont help in court I heard because "ignorance is no excuse". I did however get my blood tested, and it shows that I had no alcohol, THC, or other drugs in my system, which will hopefully back up that I had planned to be the DD for the night and therefore the altered state I was in was NOT intentional. Please, what can I expect at court?

ALSO:
-I did schedule an appointment with an attorny for tomorrow.
-I heard about youthful offender status? How might that help?
-Is there any chance this will be dismissed based on my previously good criminal/school record (4th in my class of 200)?

Thanks for any help, and know that I am deeply remorseful for my actions and I wish I had not put myself in a situation that would lead to me committing such crimes.

 

[Isis1]

What is the name of your state (only U.S. law)?
New York

Hey, I have a court date scheduled for december 2nd to answer to charges of petit larceny. I went to a party a few nights ago, and don't remember anything other than a few random moments after the first few minutes at the party, until around 3am when I was in a cop car. It turns out that I ended up leaving the party (I'm not sure how as I didn't have my car there) and went into a strangers car and took an iPod and radar detector, then was stopped by police with the items in my pocket a few minutes later. I am 17 y/o, have no record, and am at the top of my class in highschool with no discipline record there either. I don't remember ever being read my rights by the police, and I know this would dismiss the case on a technicality, but I don't remember much of anything from this night so I can't really offer that as a defense. I talked to a doctor and they think I got a drink spiked with either GHB or Rufenol, but this wont help in court I heard because "ignorance is no excuse". I did however get my blood tested, and it shows that I had no alcohol, THC, or other drugs in my system, which will hopefully back up that I had planned to be the DD for the night and therefore the altered state I was in was NOT intentional. Please, what can I expect at court?

ALSO:
-I did schedule an appointment with an attorny for tomorrow.
-I heard about youthful offender status? How might that help?
-Is there any chance this will be dismissed based on my previously good criminal/school record (4th in my class of 200)?

Thanks for any help, and know that I am deeply remorseful for my actions and I wish I had not put myself in a situation that would lead to me committing such crimes.

no it doesn't. you watch too much TV.

WHEN was your blood tested for alcohol and various other drugs?

 

[nomemoryof1121]

yea I know it wouldn't if at least for no other reason than that I'm also going to say how I don't remember much else from that night. I saw a doctor around 1130 the next morning, testing finished an hour or 2 after that... so alcohol unless it was excess wouldn't show up anyway, but at least it shows that longer lasting things like THC weren't being used.

 

[Isis1]

yea I know it wouldn't if at least for no other reason than that I'm also going to say how I don't remember much else from that night. I saw a doctor around 1130 the next morning, testing finished an hour or 2 after that... so alcohol unless it was excess wouldn't show up anyway, but at least it shows that longer lasting things like THC weren't being used.

did you test for GHB?

 

[nomemoryof1121]

yea we tested but it was basically pointless because the doctor said it had already been too long for it to show up. same with Rufenol... so basically theres no proof of anything other than what I say... so if I can't prove that what do you think I can expect based on the fact that I have no priors with the law or school? also what about youthful offender status? the cop told me that I could ask to use that and the case would be dismissed?

 

[HighwayMan]

Forget about the drugs and anything else. You got charged with petit larceny, that's it.

So what caused your "altered mental state"?

Where in the state of New York did this happen?

 

[HighwayMan]

...what do you think I can expect based on the fact that I have no priors with the law or school? also what about youthful offender status? the cop told me that I could ask to use that and the case would be dismissed?

Why don't you find out from your attorney when you meet with him?

 

[nomemoryof1121]

met with my attorny today... he says if this isn't dismissed entirely worst case scenario is most likely ACD... based on my clean record and school records... in regard to the possibilty of drugs he's having me visit an alcohol counselor beforehand to have an evaluation so that in court when they question if the blackout is related to drinking we will already have evidence against that... hopefully this is resolved soon

 

[HighwayMan]

So what caused your altered mental state? You are claming no drugs or alcohol involved, so what was it?

And if now you are changing your story about the alcohol/drugs, that is your doing and not an excuse for comitting a crime.

 

[nomemoryof1121]

No I'm not changing my story about anything... I went to the party with the intent of DD-ing, I think and my doctor also feels that I got a non-alcoholic drink spiked with either GHB or some other similar drug, causing blackouts. I had a blood test which showed no drugs of that sort, or THC or alcohol, although the GHB wouldn't have showed up anyway. The meeting with the counselor is merely recommended by my lawyer to back up that I didn't drink or intentionally drink while I was aware of what was going on.

 

[HighwayMan]

How is a counselor supposed to determine after the fact that you weren't drinking on the night in question?

 

[nomemoryof1121]

No you're misunderstanding... we can't prove one way or another if I drank, there was no breathalizer at the arrest and obviously after the fact does nothing... the evaluation is simply to show that I don't have a drinking PROBLEM... like I don't binge drink or regularly get hammered... So when the judge asks "well did you blackout because you have a drinking habit and party excessivly" I have a valid rebuttal

 

[HighwayMan]

I can't see that being a rebuttal. Again, counselors help people who have problems with alcohol. They don't determine that the problem exists, they treat it when it does.

What happens if someone goes to the counselor and lies?

I just don't think that will hold much weight with a court. The blood test already showed no presence of alcohol in your system.

 

[nomemoryof1121]

Yea I guess so, I'm just following the advise I was given... it seems like I should be alright in this though, and I'm not trying to make excuses, I do definitely understand the severity of what I did, but had I been in my right mind I never would have. Apparently in my statement to the cops I didn't even know what I had taken.

 

[dave33]

The case against you is strong. At the point of the arrest the officers need not read you your rights.Even if they did not that still would not be grounds for a dismissal.Regardless, you already said you have very little memory. Besides getting caught "red handed" the fluid tests did not help your version of events. You are asking/expecting alot. If what you say is true ,than it was a very elaborate ruse to get you into trouble and thus far has been successful. I do not think I would fear jailtime but preparing yourself for whatever you're lawyer says is the worst case scenario would only be prudent.goodluck.