16 yr. old at a party

[MaggieD]

What is the name of your state? PA. Homeowner was in the home and had knowledge of alcohol consumption. Investigation going on as to whether he supplied it or not. Child blew a .06 on a portable breathalizer. She was not seen with any alcohol and was actually sleeping at the time the police arrived. Was not asked yet about her consumption. No cites were given yet as it is still being investigated. Each child at party will be interviewed by police officer with parent being there as well. All her info. will be recorded for possible court hearing in regard to adult. Should we have a lawyer present? Police states cite will either be disorderly conduct or underage drinking. From what I gather, this may even go to court as far as home owner goes; no knowledge of other underlying circumstances but there were some -- but not with the children besides the alcohol consumption. We truly thought this was a safe house. Thanks

 

[BelizeBreeze]

the only legal question you asked was regarding the hiring of an attorney for your child. And since that is a personal decision we can't tell you one way or the other what you 'should' do.

 

[MaggieD]

Portable Breathalizer

Is a portable breathalizer admissible if this were to go to court? Child was not driving, in a car with someone drinking nor seen with alcohol. P.O. is mentioning disorderly conduct as opposed to underage drinking. Is this a judgment call by police? If she were to be cited for underage, would that be a more appropriate time to call in a lawyer? Thinking maybe bringing one to the interview may look too suspicious?

 

[GrowUp!]

Is a portable breathalizer admissible if this were to go to court? Child was not driving, in a car with someone drinking nor seen with alcohol. P.O. is mentioning disorderly conduct as opposed to underage drinking. Is this a judgment call by police? If she were to be cited for underage, would that be a more appropriate time to call in a lawyer? Thinking maybe bringing one to the interview may look too suspicious?

And what exactly is your intention??

Interesting how there is finger-pointing at everyone else, but not one mention of your daughter accepting responsibility for actually consuming the alcohol -- that is IF she did. The child is well old enough to know better and very well could've said "no."

 

[BelizeBreeze]

Is a portable breathalizer admissible if this were to go to court?

No

Child was not driving, in a car with someone drinking nor seen with alcohol. P.O. is mentioning disorderly conduct as opposed to underage drinking.

which is still a violation

Is this a judgment call by police?

Yes and no. It doesn't matter what the police do, she can still be violated by her PO.
quote]
If she were to be cited for underage, would that be a more appropriate time to call in a lawyer? Thinking maybe bringing one to the interview may look too suspicious?[/QUOTE]

again, that's a personal decision.

 

[gawm]

No cites were given yet as it is still being investigated. Each child at party will be interviewed by police officer with parent being there as well. All her info. will be recorded for possible court hearing in regard to adult. Should we have a lawyer present? Police states cite will either be disorderly conduct or underage drinking.

Hell yeah you should get a lawyer. And do you know what he will say at that interview with police? NO COMMENT at this time. There is nothing you or your daughter could say at that interview that would be any benefit to her. If they had enough evidence already they would of charged her. They are hoping you will give them that evidence at the interview. I encourage you to get a lawyer or at least consult one about this situation. DO NOT give any statements at that interview without speaking to an attorney first.

Thinking maybe bringing one to the interview may look too suspicious

Trust me, your daughter is ALREADY under suspicion, Otherwise she would not be going to the interview, would she? DO NOT GO TO WITHOUT CONSULTING A LAWYER FIRST

 

[MaggieD]

I appreciate your answers

I do not appreciate the pompous attitude of one of the individuals who responded. I'm not asking for moral judgement advise here. This is the 2nd time I've posted and the first time got out of hand with people arguing amongst eachother instead of focusing on the question at hand. There was no finger pointing at anyone else EXCEPT for the adult homeowner! I thank all the rest who did give good advise.