representing self please help

[Native]

What is the name of your state?Ky

My son was arrested for minor in possesion of alcohol, He is now 19 yrs. old, 18 at the time of arrest. He has to represent himself because of the cost of an attorney. There is no jail time associated with this apparantly and will not be appointed an attorney.

The problem is at the day of arraignment, the judge gave him the trial date and told him to call a certain number the day before and let them know if he was ready to go to trial. He made that call today and they told him that it was after 12 noon and he should have called prior to noon. They would not tell him what will happen now or what he is suppose to do. He was not told to call before noon, as I was at the arraingnment with him and did not hear this either. I need to know how to be prepared for tomorrow morning now? What will happen what should he do, etc? Does he still have a right to a jury trial and how do we make that happen?

Also, what are some defenses that we may be able to use? He had went to a job interview the morning of his arrest and was stopped at 10:30 am, The officers told him that they stopped him on suspicion of robbery, however to our knowledge there had been no robberies that day. I thinks they also claimed they smelled marijuana and they gave him a field sobriety test which of course he passed and then they searched the vehicle. they apparantly found a bottle of old alcohol behind the passenger seat, in the pickup truck with a full bench seat. It was not accesible unless the occupants were to get out of the seat and raise the seat. My son had no prior knowledge of it being in there and it was in fact my husbands vehicle and had been put in there by someone else some time before. There were no miranda rights given at any time. Also of much importance my son has never been in any trouble before either juvenile or otherwise and has never been arrested.

Any help you may be able to give would be greatly appreciated. My son just wants to make sure that he does not have a record of any sort especially over something that he is not quilty of, That is why he doesn't want to take the easy way out and pay the $50.00 plus court cost.

sorry this is long. Thank you for your help

[CombatTN88]

1) Plead guilty and accept responsibility for alcohol
2) Accept fine or probation in exchange for jail time
3) Save big money on getting a lawyer if he pled guilty

Good Luck,
Combat

[Native]

I appreciate your response and help But, Why would you plead guilty to something you are not guilty of? That is one of the things that is wrong with this world today. People take the easy way out and not fight for what is right. No, I don't expect it will be easy to clear his name but, I am very proud of him for standing up for his rights and not taking the easy way out.

[talianna]

I don't know if it will help or not, but he might be able to argue the age of the alcohol and apparent time it had been under the seat by whether or not it was dirt-covered (like most things that spend any time under truck seats). Make sure they realize the truck wasn't your son's. If he only occasionally uses the truck, make sure they know that as well. If he's like most 18 year olds, going to an interview he would have been in a hurry and nervous, and not thinking about the fact that he needed to check for alcoholic beverages in the vehicle before leaving. Can you get verification he was going to a job interview somehow? Argue the lack of logic behind a kid going to a job interview stashing a bottle of alcohol under his dad's truck seat before he leaves. It might help.

Tell him to keep things very professional, go in organized and ready for whatever they ask.

Their argument will be that if your son was in possession of the truck, he was in possession of the alcohol as well.

I'm not an attorney, I don't know how much my suggestions will help, but if he's determined to fight it (and I admire him for it), then I wish him the best of luck!

[calatty]

It's real bad idea for him to represent himself if he wants to come out of this without a record. People have the strangest ways of economizing.

[jj53]

I say go for NOT GUILTY, State your cases if he is found guilty what are the penalties. Why should this boy with a clean record
pleade guilty.. Possibly the Judge might even admire his determination. I would but I am not a judge or attorney. Please let us know what happened. JJ