minor consumption

What is the name of your state? Indiana
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My 19-year-old son was arrested last Saturday morning on our driveway for minor consumption. He and four friends were standing next to our house at 6:30 a.m. when a policeman came up and started questioning them about a possible burglary. The policeman asked him and his friends if they had been drinking. Three of them (minors) said no. The other one wasn't a minor & said he had. My son told the policeman to leave; get off our property and the cop arrested him. They never gave him a sobriety test of any kind and he refused a breathalizer. They kept him in jail for 18 hours til we bailed him out. He thinks the charges should be dropped. I said no way but I wish they could. There were two policeman present at the time of the arrest.

Do you think there is any chance the charges will be dropped? Do you have any advice? Thank you!

DianaIndiana said:

What is the name of your state? Indiana
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My 19-year-old son was arrested last Saturday morning on our driveway for minor consumption. He and four friends were standing next to our house at 6:30 a.m. when a policeman came up and started questioning them about a possible burglary. The policeman asked him and his friends if they had been drinking. Three of them (minors) said no. The other one wasn't a minor & said he had. My son told the policeman to leave; get off our property and the cop arrested him. They never gave him a sobriety test of any kind and he refused a breathalizer. They kept him in jail for 18 hours til we bailed him out. He thinks the charges should be dropped. I said no way but I wish they could. There were two policeman present at the time of the arrest.

Do you think there is any chance the charges will be dropped? Do you have any advice? Thank you!

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Q: Do you think there is any chance the charges will be dropped?

A: I doubt it. The cop obviously smelled alcohol on him and that's all the cop (or cops) needed. It's a wonder your kid did not get arrested for resisting arrest.


Q: Do you have any advice?

A: Yes, ground the kid and take away all his electronic toys and fancy clothes and car.

Thank you for the reply. Do you think we should hire an attorney? Would that probably help much? Thanks!

DianaIndiana said:

Thank you for the reply. Do you think we should hire an attorney? Would that probably help much? Thanks!

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Certainly...hire a lawyer.

Depending on what he was cited for if it was either of the following or both:

IC 7.1-5-7-7
Illegal possession
Sec. 7. (a) It is a Class C misdemeanor for a minor to knowingly:
(1) possess an alcoholic beverage;
(2) consume it; or....................

IC 7.1-5-1-3
Public intoxication prohibited
Sec. 3. It is a Class B misdemeanor for a person to be in a public place or a place of public resort in a state of intoxication caused by the person's use of alcohol or a controlled substance.

Sentencing guidelines/possible penalties:

Class B misdemeanor--0-180 days in jail--$0 to $1000 fine

Class C misdemeanor--0-60 days in jail--$0 to $500 fine

(plus court costs)

The penalties could carry harsher punishment if he has prior offenses.

You could also try to get information on the "Alcohol or Drug Treatment Program" (in misdemeanor case). This would be through the Court, with the consent of the defendant and the Prosecuting Attorney, they would order the defendant to satisfactorily complete an alcohol or drug treatment program. Then charges may be dropped, but it is rare that the prosectors go along with this. This program is only available to a defendent one time.

Thank you for responding (both of you).

Indiana

I posted to this forum last week regarding my son Andy's arrest for minor consumption. I asked whether it's possible that the charge could be dropped. I had two responses & talked to another lawyer on our legal line.

It looks like he's not a good candidate for charges being dropped; however, he insists they should be, plans to plead innocent, etc. My questions are: is there any chance whatsoever that this charge could be dropped? And if so, under what circumstances might that happen?

Andy insists that since he never took a breath test he could get off. Also he says the policeman should have left our property at Andy's request.

The policeman drove up our street the wrong way, then walked up & proceeded to question my son & his friends about a "possible burglary."

My husband called the prosecutor & requested a deferral (like being on probation). The prosecutor said she'd know on the day of the hearing whether or not he'd qualify. Any help would be greatly appreciated. thanks

Andy insists that since he never took a breath test he could get off. Also he says the policeman should have left our property at Andy's request.


Andy is wrong on both counts.

ok, thanks