What is the name of your state (only U.S. law)? VIRGINIA
Hello, and thank you for reading. This may come as an interesting story.
Let me start it off by giving you some background. I'm a junior level university student in the state of Virginia, and I have been on probation/first-time offender's program for underage alcohol possession in a neighboring county. I was set to have this probation end about a week, ago, until I received this current 2nd offense charge. As a result, I had my first case continued as I promised the judge that the 2nd offense would be dismissed. I have the hearing for the 2nd case this coming monday.
The 2nd offense began like this; I was at a hip-hop concert at my universities sports venue, with floor-level tickets, preparing for the show to begin. I had a lip of Grizzly snuff packed into my mouth, and I wanted to get rid of it as well as rinse my mouth out before the main show began, so I walked up from the floor-level to the concourse, and headed in a bee-line to the water fountain. I began drinking, and as I put my head down, I saw a group of officers, half in uniform and half in street clothes, gathered in a corner of the concourse. One of the officers dressed in street clothes, who I had had an encounter with recently ( where I was NOT charged), recognized me and immediately walked over with 2-3 other officers. As soon as they arrived at the water fountain, they put me in handcuffs and began walking me away, while telling me to "stop fighting, stop fighting!" I was not at all resisting, and as a result i stated "I'm not fighting." The officers brought me into a back room, and began to question me, and I didn't say much, and certainly did not admit to anything. They took all of my belongings and searched them, finding my empty tin of Grizzly, and a credit card that was not in my name, but I possess legally. They attempted to breathalyze me, putting the breathalyzer in my face and saying "blow into this" and I said "why am I being breathalyzed." They immediately put the breathalyzer away and said "he's refusing the breathalyzer!"
I sat in the room for a while while they went through my phone and called 2 of my friends, who both came to the back room and got breathalyzed, and then were let go. Within about 10 minutes, they decided to take me to jail, where they gave me a drunk in public summons that I signed saying I would be present in court for. The next day when I am let out of jail, they also leave me with another goodie, the underage charge.
On monday at the hearing, I plan on defending myself, with the argument that they have no proof of me being in possession of alcohol, and that they had no reason to come up to me in the first place, nor was I read my miranda rights.
Any general input on what I should be saying during the hearing would be great.
Note: I applied for a court appointed attorney and failed to receive one, and cannot afford a real attorney.
Hello, and thank you for reading. This may come as an interesting story.
Let me start it off by giving you some background. I'm a junior level university student in the state of Virginia, and I have been on probation/first-time offender's program for underage alcohol possession in a neighboring county. I was set to have this probation end about a week, ago, until I received this current 2nd offense charge. As a result, I had my first case continued as I promised the judge that the 2nd offense would be dismissed. I have the hearing for the 2nd case this coming monday.
The 2nd offense began like this; I was at a hip-hop concert at my universities sports venue, with floor-level tickets, preparing for the show to begin. I had a lip of Grizzly snuff packed into my mouth, and I wanted to get rid of it as well as rinse my mouth out before the main show began, so I walked up from the floor-level to the concourse, and headed in a bee-line to the water fountain. I began drinking, and as I put my head down, I saw a group of officers, half in uniform and half in street clothes, gathered in a corner of the concourse. One of the officers dressed in street clothes, who I had had an encounter with recently ( where I was NOT charged), recognized me and immediately walked over with 2-3 other officers. As soon as they arrived at the water fountain, they put me in handcuffs and began walking me away, while telling me to "stop fighting, stop fighting!" I was not at all resisting, and as a result i stated "I'm not fighting." The officers brought me into a back room, and began to question me, and I didn't say much, and certainly did not admit to anything. They took all of my belongings and searched them, finding my empty tin of Grizzly, and a credit card that was not in my name, but I possess legally. They attempted to breathalyze me, putting the breathalyzer in my face and saying "blow into this" and I said "why am I being breathalyzed." They immediately put the breathalyzer away and said "he's refusing the breathalyzer!"
I sat in the room for a while while they went through my phone and called 2 of my friends, who both came to the back room and got breathalyzed, and then were let go. Within about 10 minutes, they decided to take me to jail, where they gave me a drunk in public summons that I signed saying I would be present in court for. The next day when I am let out of jail, they also leave me with another goodie, the underage charge.
On monday at the hearing, I plan on defending myself, with the argument that they have no proof of me being in possession of alcohol, and that they had no reason to come up to me in the first place, nor was I read my miranda rights.
Any general input on what I should be saying during the hearing would be great.
Note: I applied for a court appointed attorney and failed to receive one, and cannot afford a real attorney.
