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Underage + Public Drunkeness! what?

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iamrockandroll1

Junior Member
What is the name of your state?: PA
Charges: Underage Drinking, Public Drunkeness
Age: 18

I was recently arrested by the Hazelton Police for underage drinking and public drunkeness. I was stuck at a house party because my ride had left. I had four drinks (light beer) early in the night, between 10:00 - 11:30 PM. Since I was stuck at a party in Hazelton, an unfamiliar place with unfamiliar people about an hour and a half from home, I wanted to keep my senses about me and stay sober so I stopped drinking relatively early and waited for my friend to come back so we could go home. I stepped outside for some fresh air onto the second story front porch and closed the door behind me at around three AM and thats exactly when the police showed up. I was scared to death of being caught at a party so far from home with no-one to come get me and no idea where I specifically was in hazelton to get back so I decided I would try to sneak off without the police noticing me. Since some officers were coming up the steps to the front porch I decided to try to climb down the side of the porch. Well, I got over the railing and realized there was no way down so I sorted of just crouched behind the railing and on the outside of the porch and hoped the police didn't notice me, knowing full well that prbably would not happen. They noticed me and told me to get back on the porch, I did so immediately. I complied with all of the officer's orders and was respectful and polite the entire time. Immediately upon getting back on the porch I was cuffed and they sat me down inside the house with everyone else. I was not read my rights at any point during my arrest. I was also never given a blood test, breathalyzer, or even a field sobriety test at any point. I do not feel that I was intoxicated by the time of my arrest and I feel I probably could have passed a breathalyzer test and I absolutely could have passed a field sobriety test. I was not in the presence of open alcohol containers when I was arrested. Do I have a case at all?
 


S

seniorjudge

Guest
iamrockandroll1 said:
What is the name of your state?: PA
Charges: Underage Drinking, Public Drunkeness
Age: 18

I was recently arrested by the Hazelton Police for underage drinking and public drunkeness. I was stuck at a house party because my ride had left. I had four drinks (light beer) early in the night, between 10:00 - 11:30 PM. Since I was stuck at a party in Hazelton, an unfamiliar place with unfamiliar people about an hour and a half from home, I wanted to keep my senses about me and stay sober so I stopped drinking relatively early and waited for my friend to come back so we could go home. I stepped outside for some fresh air onto the second story front porch and closed the door behind me at around three AM and thats exactly when the police showed up. I was scared to death of being caught at a party so far from home with no-one to come get me and no idea where I specifically was in hazelton to get back so I decided I would try to sneak off without the police noticing me. Since some officers were coming up the steps to the front porch I decided to try to climb down the side of the porch. Well, I got over the railing and realized there was no way down so I sorted of just crouched behind the railing and on the outside of the porch and hoped the police didn't notice me, knowing full well that prbably would not happen. They noticed me and told me to get back on the porch, I did so immediately. I complied with all of the officer's orders and was respectful and polite the entire time. Immediately upon getting back on the porch I was cuffed and they sat me down inside the house with everyone else. I was not read my rights at any point during my arrest. I was also never given a blood test, breathalyzer, or even a field sobriety test at any point. I do not feel that I was intoxicated by the time of my arrest and I feel I probably could have passed a breathalyzer test and I absolutely could have passed a field sobriety test. I was not in the presence of open alcohol containers when I was arrested. Do I have a case at all?

Q: Do I have a case at all?

A: No.
 
S

seniorjudge

Guest
iamrockandroll1 said:
Ok, thank you for your answer, I only want to know now, how they have proof that I had been drinking or don't they need it?
The proof is that a cop will testify you had booze on your breath and that will do it.
 

rmet4nzkx

Senior Member
They don't need proof at all, your age was the only proof needed and the availability of alcohol. There is another option, they could charge you with B&E. I'm not sure which penalty is worse? I suggest you get an attonrey and try for a diversion program.......
 
S

seniorjudge

Guest
iamrockandroll1 said:
So the officer does not need proof via breathalyzer or blood test of my BAC?
No; you are not charged with anything that would require this kind of evidence.

Are you sure you are not a burglar?


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.

Bathe and wash your hair.

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 the ticket not go on your record, if applicable.


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 is pregnant/sick/dying/dead/crippled 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.

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.”)

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

Other people may give you other advice; stand by.
 

iamrockandroll1

Junior Member
rmet4nzkx said:
They don't need proof at all, your age was the only proof needed and the availability of alcohol. There is another option, they could charge you with B&E. I'm not sure which penalty is worse? I suggest you get an attonrey and try for a diversion program.......
I don't believe B&E is a lesser penalty, in fact, I thought that was a felony and that the owner of the house would have to press charges. I've already found a lawyer and I'm turning in my plea soon within the next few days.

Quick sidebar, If I recieved two citations and can't afford to pay the total amount for my fines as collateral for the citations for a not guilty plea, would it be $50 collateral per citation or $50 total as collateral in PA?
 

rmet4nzkx

Senior Member
Judgy,
You stold my thunder, re B&E.

OP,
Yes, you are lucky to be charged with the lesser of the offenses, ones which normally offer diversion programs for a first offense. That is not to say that it is going to cost you less, in fact, it will almost always cost you more than simply paying the fine because you save the criminal record.

The police caught you in the act of B&E, they don't need the owner of the house to bring charges, they caught you fair and square. You think the owner of the house is going to save your butt when they don't even know you? They have thier own worries. BTW, just because you have not been charged with B&E doesn't mean you won't. Who knows, maybe you look for "House Parties" they are not hard to find and easy to blend in while you rip the people off. :mad:

Some scam you ae running.
 

iamrockandroll1

Junior Member
rmet4nzkx said:
Judgy,
You stold my thunder, re B&E.

OP,
Yes, you are lucky to be charged with the lesser of the offenses, ones which normally offer diversion programs for a first offense. That is not to say that it is going to cost you less, in fact, it will almost always cost you more than simply paying the fine because you save the criminal record.

The police caught you in the act of B&E, they don't need the owner of the house to bring charges, they caught you fair and square. You think the owner of the house is going to save your butt when they don't even know you? They have thier own worries. BTW, just because you have not been charged with B&E doesn't mean you won't. Who knows, maybe you look for "House Parties" they are not hard to find and easy to blend in while you rip the people off. :mad:

Some scam you are running.

If I am charged with B&E, it will not stand I have multiple people that were there, including the people renting the house that know me well enough to know my face and name as i was hanging out with them all night. I am running no scam of any sort. I'm sorry if my account of the event lead you to believe I was actually breaking in...I wasn't.
 

rmet4nzkx

Senior Member
It doesn't matter how you conveyed the story, the police caught you hanging off the 2nd floor, ever hear the term, 2nd story man? Sure there may be people who will remember you, maybe not, you were the one 1.5 hours away from abandoned by your ride. If anyting is missing, or you are seen as a scapegoat, so don't be surprised if they don't add B&E to your offenses if you don't cooporate.
 

iamrockandroll1

Junior Member
rmet4nzkx said:
It doesn't matter how you conveyed the story, the police caught you hanging off the 2nd floor, ever hear the term, 2nd story man? Sure there may be people who will remember you, maybe not, you were the one 1.5 hours away from abandoned by your ride. If anyting is missing, or you are seen as a scapegoat, so don't be surprised if they don't add B&E to your offenses if you don't cooporate.
ok, well, I'll keep that in mind and be sure to find people that can verify I was a guest of the people in the house. Granted, the charges I'm facing are pretty bad but B&E is something several orders of magnitude above those charges. The friend I went there with is very good friends with the people currently renting the house so I'm guessing my friend and the renters should be enough to prove I was there as a guest. My possessions when taken into custody should show that I had nothing from the house as the only things I had on my person were my wallet and it's contents (no cash). I've also spoken with some of the people who live at the house and they have told me that they have found nothing to be missing.
 

brent0025

Member
rmet4nzkx said:
They don't need proof at all, your age was the only proof needed and the availability of alcohol. There is another option, they could charge you with B&E. I'm not sure which penalty is worse? I suggest you get an attonrey and try for a diversion program.......
WRONG, are justice is built on showing proof and reasonable doubt.. If there is no proof that raises some serious doubt...hence, you have a case!!!!!!
 

Curt581

Senior Member
iamrockandroll1 said:
I decided I would try to sneak off without the police noticing me. Since some officers were coming up the steps to the front porch I decided to try to climb down the side of the porch. Well, I got over the railing and realized there was no way down so I sorted of just crouched behind the railing and on the outside of the porch and hoped the police didn't notice me,
I wouldn't have charged you with B&E, either... I'd have been laughing too hard.

It's a good thing that being a bonehead isn't against the law. If it was, you'd be doing life in prison.

You got busted. Pay the ticket. Go on with your life. Never tell anyone what happened. If you do, they'll never look at you the same way again.
 

rmet4nzkx

Senior Member
Curt581 said:
I wouldn't have charged you with B&E, either... I'd have been laughing too hard.

It's a good thing that being a bonehead isn't against the law. If it was, you'd be doing life in prison.

You got busted. Pay the ticket. Go on with your life. Never tell anyone what happened. If you do, they'll never look at you the same way again.
So far he hasn't been charged with B&E but it is a definate possibility, since he was apprehended in a compromised position, he didn't have to have steal or have possesion because he was caught. LOL! :D It is not like he was caught in the yard or leaving by a door! These people won't come to his aid as they will be looking for ways to lesson their charges for serving underage. So they will have him over a barrel when he goes to plea bargin for a diversion program. He will have to explain why he had to travel so far to party? You are correct, no one is going to believe him.
 

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