Multiple Alcohol/Drug Charges

[Swav107]

What is the name of your state? Michigan

Hello, some of you may remember me from before, but now I just recieved the letter in the mail with my charges. I will start off with saying I got the letter 2 months plus some from the date which I was caught. I was caught smoking weed in my car, they searched it and found alcohol. I am also 16. I have a Preliminary inquiry on May 24. Here are my charges:

Count 1: Controlled Substance - Possession of Marihuana - Misdemeanor: [333.74032D]
Count 2: Alcohol - Possession by minor in a motor vehicle - Midemeanor : [257.624B1]
Count 3 : Alcohol - Open Container in Vehicle - This one is weird considering none of the bottles in my car were opened, so how can I fight it? [257.624A]
Count 4 :Alcohol - Purchase/Consumption/Possession by minor:Misdemeanor:[436.17031A]

I would like information on what I am facing fine wise, and whether or not I could keep my license considering the car was not on during the time we were caught. Also there was less than .5 grams of weed if that matters. Also, how can I fight Count 3 and what is a preliminary inquiry.

 

[CalifAtty-11]

What is the name of your state? Michigan

Hello, some of you may remember me from before, but now I just recieved the letter in the mail with my charges. I will start off with saying I got the letter 2 months plus some from the date which I was caught. I was caught smoking weed in my car, they searched it and found alcohol. I am also 16. I have a Preliminary inquiry on May 24. Here are my charges:

Count 1: Controlled Substance - Possession of Marihuana - Misdemeanor: [333.74032D]
Count 2: Alcohol - Possession by minor in a motor vehicle - Midemeanor : [257.624B1]
Count 3 : Alcohol - Open Container in Vehicle - This one is weird considering none of the bottles in my car were opened, so how can I fight it? [257.624A]
Count 4 :Alcohol - Purchase/Consumption/Possession by minor:Misdemeanor:[436.17031A]

I would like information on what I am facing fine wise, and whether or not I could keep my license considering the car was not on during the time we were caught. Also there was less than .5 grams of weed if that matters. Also, how can I fight Count 3 and what is a preliminary inquiry.

My response:

As I recall, you were also in the midst of a sexual act on your friend. Wasn't there a Great Dane involved, too?

IAAL

 

[Swav107]

haha very funny...also the cops repremanded 125+ dollars which I had a month to get back but since they didnt charge me so I thought it was just going to be dropped or something.

 

[Swav107]

Also, I went and saw a lawyer today...and he told me that he would charge around 1000. He also said the charges would cost me a total of around 450. So do you think its even worth it for me to get the lawyer?

 

[fairisfair]

Also, I went and saw a lawyer today...and he told me that he would charge around 1000. He also said the charges would cost me a total of around 450. So do you think its even worth it for me to get the lawyer?

No one on here is going to tell you NOT to get a lawyer. What do you think?

 

[Swav107]

I dont honestly know, he says he might be able to get me on a deffered(sp?) or something like that so I dont even have to go on probation. I doubt that though because ive never heard of anyone else in my town doing that.

 

[Happy Trails]

From Michigan statutes:

333.7403
Sec. 7403.

2) A person who violates this section as to:

(d) Marihuana is guilty of a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than $2,000.00, or both.

Marijuana – possession 1 year; $2000 fine; 6 mo susp/restr >30---333.74032D
Diversion is possible for a first time offense.

-----------------------
257.624
Sec. 624b.

(1) A person less than 21 years of age shall not knowingly transport or possess alcoholic liquor in a motor vehicle as an operator or occupant unless the person is employed by a licensee under the Michigan liquor control code of 1998, 1998 PA 58, MCL 436.1101 to 436.2303, a common carrier designated by the liquor control commission under the Michigan liquor control code of 1998, 1998 PA 58, MCL 436.1101 to 436.2303, the liquor control commission, or an agent of the liquor control commission and is transporting or having the alcoholic liquor in a motor vehicle under the person's control during regular working hours and in the course of the person's employment. This section does not prevent a person less than 21 years of age from knowingly transporting alcoholic liquor in a motor vehicle if a person at least 21 years of age is present inside the motor vehicle. A person who violates this subsection is guilty of a misdemeanor. As part of the sentence, the person may be ordered to perform community service and undergo substance abuse screening and assessment at his or her own expense as described in section 703(1) of the Michigan liquor control code of 1998, 1998 PA 58, MCL 436.1703.

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If the seals were not broken on the container, I don't see how they can get you on this one. Did they confiscate the alcohol and keep it for evidence?

257.624
Sec. 624a.

(1) Except as provided in subsection (2), a person who is an operator or occupant shall not transport or possess alcoholic liquor in a container that is open or uncapped or upon which the seal is broken within the passenger compartment of a vehicle upon a highway, or within the passenger compartment of a moving vehicle in any place open to the general public or generally accessible to motor vehicles, including an area designated for the parking of vehicles, in this state.


Open Intox (driver/passenger) 90 days; $100 fine; 2 points 257.624A

------------------------

436.1703
(1) A minor shall not purchase or attempt to purchase alcoholic liquor, consume or attempt to consume alcoholic liquor, possess or attempt to possess alcoholic liquor, or have any bodily alcohol content, except as provided in this section. A minor who violates this subsection is guilty of a misdemeanor punishable by the following fines and sanctions and is not subject to the penalties prescribed in section 909:

a) For the first violation a fine of not more than $100.00, and may be ordered to participate in substance abuse prevention services or substance abuse treatment and rehabilitation services as defined in section 6107 of the public health code, 1978 PA 368, MCL 333.6107, and designated by the administrator of substance abuse services, and may be ordered to perform community service and to undergo substance abuse screening and assessment at his or her own expense as described in subsection (4).

(4) The court may order the person convicted of violating subsection (1) to undergo screening and assessment by a person or agency as designated by the substance abuse coordinating agency as defined in section 6103 of the public health code, 1978 PA 368, MCL 333.6103, in order to determine whether the person is likely to benefit from rehabilitative services, including alcohol or drug education and alcohol or drug treatment programs.

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Preliminary Inquiries
MCR 3.903(A)(22) defines “preliminary inquiry” as an informal review by the court to determine appropriate action on a petition. Preliminary inquiries may be based on complaints signed and submitted by parents of a juvenile, school officials, or police officers, rather than on petitions signed and filed by the prosecuting attorney. A wide variety of practices exist among courts as to the use of preliminary inquiries. Courts may not accept complaints from citizens or may utilize preliminary inquiries exclusively for less
serious criminal offenses where no formal court jurisdiction will be requested or for cases in which the juvenile does not contest the charges.

Infomation from:
Juvenile Justice Benchbook (Revised Edition)

 

[Swav107]

Yes they kept it for evidence, and my lawyer is working right now trying to get a police report, but those things are hard to get I guess....

As for the marijuana charge, he was wondering why they charged me with the 1 year/2000 fine instead of the 90 day charge which it usually is.

 

[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. (Smokers...pot or tobacco...literally stink. Remember that before you head for court.)

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 that the ticket not go on your record, if applicable. Ask also about getting a hardship driving permit, if applicable. Ask about drug court, if applicable.

From marbol:

“Judge...

You forgot the one thing that I've seen that seems to frizz up most judges these days:

If you have a cell phone, make DAMN SURE that it doesn't make ANY noise in the courtroom. This means when you are talking to the judge AND when you are simply sitting in the court room.

If you have a ‘vibrate’ position on your cell phone, MAKE sure the judge DOESN'T EVEN HEAR IT VIBRATE!

Turn it off or put it in silent mode where it flashes a LED if it rings. AND DON'T even DREAM about answering it if it rings.”

(Better yet, don’t carry your cell phone into the courtroom.)”


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/wife/ex-wife/niece/grandma/grand-daughter is pregnant/sick/dying/dead/crippled/crazy 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. (This conflicts with number 5 below, but that hasn’t stopped some defendants from using both.)

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.” Or, another variation: “I was forced into it by a bad guy!”)

https://forum.freeadvice.com/showthread.php?p=854687#post854687

Public defender’s advice

http://newyork.craigslist.org/about/best/sfo/70300494.html


Other people may give you other advice; stand by.