minor in possession

[ewer15]

What is the name of your state?

California

I am a 20 year old college student who recently received a minor in possession citation. The officer who cited me told me to plead not guilty and then when I get my second court date to plead guilty when asked by the judge. This way, he said, I will be able to reduce my fine and keep my driver's license for driving to school and work only. However, my friend received the same citation and she pleaded guilty and came out on top of the situation. What should I do?
The exact situation is that I was at a party, like the majority of college students do on a Friday night, and I could only get reception outside so I was on the phone, stupidly, with an open keg cup in hand. The officer saw me with the cup as he pulled up. However, all the other people at the party were free to leave. There was an a drunk girl there who could not even stand up but nothing happened to her.
For all of you who are only going to tell me how wrong it is for me to drink under the age of 21, especially JETX, save it. I have done nothing wrong, I am a college student who was simply having fun with friends. All I want to know is if I should plead guilty, like the officer said to do, or not guilty, which I am because I had a drink in my possession.
One more thing, I am within six months of my 21st birthday, will this change my sentencing in any way?

[HomeGuru]

Originally Posted by ewer15

What is the name of your state?

California

I am a 20 year old college student who recently received a minor in possession citation. The officer who cited me told me to plead not guilty and then when I get my second court date to plead guilty when asked by the judge. This way, he said, I will be able to reduce my fine and keep my driver's license for driving to school and work only. However, my friend received the same citation and she pleaded guilty and came out on top of the situation. What should I do?
The exact situation is that I was at a party, like the majority of college students do on a Friday night, and I could only get reception outside so I was on the phone, stupidly, with an open keg cup in hand. The officer saw me with the cup as he pulled up. However, all the other people at the party were free to leave. There was an a drunk girl there who could not even stand up but nothing happened to her.
For all of you who are only going to tell me how wrong it is for me to drink under the age of 21, especially JETX, save it. I have done nothing wrong, I am a college student who was simply having fun with friends. All I want to know is if I should plead guilty, like the officer said to do, or not guilty, which I am because I had a drink in my possession.
One more thing, I am within six months of my 21st birthday, will this change my sentencing in any way?

**A: if you have done nothing wrong then I wll not tell you how to approach this issue. You are still a kid and in denial.

[CdwJava]

Originally Posted by ewer15

I have done nothing wrong, I am a college student who was simply having fun with friends.

Actually, you did do something wrong. You violated section 25662 of the Business and Professions Code.

No one can say whether pleading guilty is better than pleading not guilty. The officer is not an attorney and may well have been correct ... but, his opinion is based solely upon observation and has no legal foundation.

Consult a local attorney if you want the legal scoop.

- Carl

[ewer15]

Thank you for not much advice, I took care of the issue myself. I do want to remark, however, that this forum has become more cynical and pessimistic than anyone would want in looking for ethical advice. You "lawyers" seem to only criticize and judge without actually being any help. Maybe you are resentful for some reason, I don't know. What I do know is that most people would like help, not judgment. Maybe you should consider that before you continue to provide your "legal advice plus judgment."

[CdwJava]

The only help that can be provided is to tell you to consult an attorney. You violated the law. The court is not going to care if you think you were just having a good time with friends or not. Legally speaking, it is irrelevant.

You may lose your license, you face fines and you face potential jail time. Usually this offense carries a fine only, but this varies by jurisdiction and priors.

You may not appreciate the judgement but there is little else to provide you. And be prepared for a judge to chastise you as well - especially if you come in to court with THAT attitude. Be repentant and apologetic and you may get away with only a fine.

- Carl

[ewer15]

"You may not appreciate the judgement but there is little else to provide you."

Then please do not provide anything at all.


"And be prepared for a judge to chastise you as well - especially if you come in to court with THAT attitude. Be repentant and apologetic and you may get away with only a fine."

THAT attitude is only for you jerks who believe that you are holier than thou and need to judge everyone that joins this advice forum. I am very capable of showing respect when it is deserved. PS...you people are infuriating, but you probably enjoy it now, don't you?

[CdwJava]

Originally Posted by ewer15

"You may not appreciate the judgement but there is little else to provide you."

Then please do not provide anything at all.

And you were expecting ... what?

"Yeah, you're right! You were screwed! Call the ACLU!"

All because the responses did not agree with your preconceived expectations does not make them wrong. There really was little else to say other than, 'Get an attorney'.

"And be prepared for a judge to chastise you as well - especially if you come in to court with THAT attitude. Be repentant and apologetic and you may get away with only a fine."

THAT attitude is only for you jerks who believe that you are holier than thou and need to judge everyone that joins this advice forum.

If you think THAT was 'holier than thou,' you need to get out more.

And the observation comes from 15 years in the criminal justice system ... your experience is ... what?

I am very capable of showing respect when it is deserved. PS...you people are infuriating, but you probably enjoy it now, don't you?

I don't enjoy your attitude, no. And I can guarantee if you come across with this in the courtroom you're going to get whacked. Judges do not appreciate that kind of thing. And if you feel that respect is deserved only when you think it should ... i.e. when they agree with you, then good morning and welcome to the real world!

- Carl

[seniorjudge]

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.

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 the ticket not go on your record, if applicable.


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 is pregnant/sick/dying/dead/crippled and needs my help.

3. I’ve got a job in [name a state five hundred miles away].

4. This is the first time I ever did this.

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.”)

[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.

[ewer15]

Seniorjudge, thank you very much. I appreciate all of your help and advice. Thanks again.

[seniorjudge]

Originally Posted by ewer15

Seniorjudge, thank you very much. I appreciate all of your help and advice. Thanks again.

You are welcome.

[undecided2776]

hey man i feel your pain. I had one too no less than 4 months ago. Ask for diversion. If this is your first offense you will get it. Its part of the law... well from what i know it is. Basically you do 8 AA meetings (maybe more) and then return and have it cleaned from your record. If you are worried about your license.... its probably gone. Get used to getting rides man I have to and i still have 10 months left. You can apply for a restricted license. Go to court again bring school schedule, receipt of school, work schedule, paystub. Bring what ever you can for verification and you MIGHT be able to get one. When i asked for when the judge seemed redundant.

p.s. give respect where it is deserved.

[jep50]

If you work and or go to school there is a chance at a restricted license. You have to file a motion requesting a restricted license and then show critical need. Critical need is bills, mortgage or rent, insurance, work/school schedule etc. It can be done though.