Need advice on possesion charge

[blackfiremass3]

What is the name of your state? Mississippi

Ok so me and my friend were settin in his van in a apartmant parking lot and a cop pulls up and ask if we have anything in the car he hands him the beer and the weed and he said he wouldnt charge us for the marijuana but he took us in for the alchohal and he got charged with possesion of alot of stuff yet i only got charged with possesion of the alchohal underage "im 17" and its my first offense and yet he didnt breathalize us either so he has no proof we had been drinkin any any ideas idk what to do my teachers husband is the prosecuter for my city and he told me to plead not guilty to it but idk if i should or not what should i do?? what would i get if a plead guilty ?

 

[CavemanLawyer]

According to what you typed you are being charged with possession of the alcohol not consumption of it, so it doesn't matter that there was no breath test. Punishment for these types of crime vary substantially from even one county to another within the same state. I suggest you talk with the prosecutor and see what the offer is. If you aren't completely satisfied with it than hire an attorney.

Be careful though, alcohol related convictions can result in the suspension of your driver's license and that isn't something that the prosecutor is typically required to tell you since it is considered a collateral offense.

 

[blackfiremass3]

well i dont have a liscence being that i am waiting to take the drivers ed class so what else might he charge me with other than that?

 

[CavemanLawyer]

Well the actual criminal penalties could be a fine or probation or both. You might also have to take certain alcohol related courses.

 

[blackfiremass3]

is that if i plead guilty??

 

[CavemanLawyer]

Whether you plead guilty or are found guilty you face the full range of punishment for that offense. Typically you are going to get a lesser punishment if you plead than if you are found guilty, but of course if you are acquitted at trial than there is no punishment other than your attorney's fee. I suggest seeing what the State's offer is and seeing if you can live with it. They may offer you a probation that allows you to avoid the conviction.

 

[blackfiremass3]

hmmm so would i ask them for my options b4 i plea?