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CA Minor in Possession

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C

CAJY

Guest
What is the name of your state? California

During a weekend in May, I was out at the lake with some of my friends and they brought alcohol to the lake and were drinking it. I was going to drive, so I didn't drink anything. An officer comes over tells us to stop where we are and issues us all Minor In Possession citations.

At the time, out of pure intimidation and hope that the officers would let me go (my first confrontation w/ police) we all acknowleged the alcohol was ours.

Since I was being detained (I wasn't free to leave at any time) and they didn't read me my Miranda rights at the time, does that me that that information is inadmissable in court?

Second, the told us that he saw all of us drinking but he was over 150' away when the others saw them and put the beer down. They obviously couldn't identify that I wasn't drinking from that distance because they said I was and I wasn't.

When the officers called our parents they did state that we weren't intoxicated and they didn't take a breathalizer test.

They also detained us until our parents picked us up even though we signed the notice to appear an hour earlier. If I'm correct, CA law states that I should be released immediately.

If I plea not-guilty do you think I have a shot at winning my case? If I lose, I lose my drivers license (the most important thing to me) for a year. If I go and plea guilty, if I understand correctly, the hearing officer may send me to teen court where I may receive a different punishment and no conviction on my record.

Do you think I have a solid chance of winning my case? Or do you think I should just hope for the teen court (which is likely) and accept whatever they give me?

BTW: I was 17 at the time of the incident, but 18 now.

Thanks so much for your assistance.
 


calatty

Senior Member
No, you don't even have a slim chance of winning. The judge will believe the police and not you when they say they observed what they observed. You don't have to be given Miranda warnings unless you are in custody, which you weren't, so your admission can be used against you. No one will fault the police for waiting to release you to your parents.
 
C

CAJY

Guest
From Welfare and Institutions Code:
203. An order adjudging a minor to be a ward of the juvenile court
shall not be deemed a conviction of a crime for any purpose, nor
shall a proceeding in the juvenile court be deemed a criminal
proceeding.

So it looks like I'll end up taking your advice and not contesting the case. Does the above mean that on my college/job applications I can say "No" to any question regarding being convicted of a crime?

And if I can say "No" who can I say No to? Private Colleges/Employers? State Colleges? Military Service Academies?

Thanks Again.
 

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