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Can I Get an MIP the Next Day?

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victoryismine06

Junior Member
What is the name of your state? Montana

Ok this is all actually for my little brother who is in a bind and I am trying to help him out. Here's the run down of the story, he is age 15 and is a freshman in High School. It was home-coming week, it was a Friday and after the school dance he went to the big party that same night, just like everyone else. And yes he was drinking at the party. Then on the following Monday (his first day back at school) he is called into the office and is told that some one turned him (and like 3 others I believe) in and notified the school that he was drinking that last friday night. The school then notified our Parents and that is where it now stands at the moment. My question is...Can he still be given an MIP(Minor in Posession)? Or mainly what are the possible charges he could face with the School/Law Enforcement? On one last side note, he was NOT drinking or drunk in anyway at the school dance or football game. Please leave any kind of info or idea's that you might have.

Thanks,
victoryismine06
 


moburkes

Senior Member
What is the name of your state? Montana

Ok this is all actually for my little brother who is in a bind and I am trying to help him out. Here's the run down of the story, he is age 15 and is a freshman in High School. It was home-coming week, it was a Friday and after the school dance he went to the big party that same night, just like everyone else. And yes he was drinking at the party. Then on the following Monday (his first day back at school) he is called into the office and is told that some one turned him (and like 3 others I believe) in and notified the school that he was drinking that last friday night. The school then notified our Parents and that is where it now stands at the moment. My question is...Can he still be given an MIP(Minor in Posession)? Or mainly what are the possible charges he could face with the School/Law Enforcement? On one last side note, he was NOT drinking or drunk in anyway at the school dance or football game. Please leave any kind of info or idea's that you might have.

Thanks,
victoryismine06
Yes, he can.
 

victoryismine06

Junior Member
On what grounds?

How?
I mean is it not just all here-say? Can that be enough evidence? Cause that means I could just say "Oh Mr. Cop, John Smith was drinking last night, he needs an MIP."
Please Let me know how this will work?
Thanks,
victoryismine06
 

xylene

Senior Member
The school can address off campus use of alcohol.

They are probably looking for a confession and are using the threat of police involvement as a ruse.

It is unlikely that the third party descriptions of minors observations of potentially illegal conduct under the threat of civil sanction will result in charges against your brother, and even more unlikely that it will result in conviction.

Advise your brother to keep his mouth shut and to stay away from booze.
 

victoryismine06

Junior Member
Crap!

Ok, there might be a problem.

He admitted to it So I take it he is totally done for??? Or since its not a signed Confession is he still not totally F*ked?

Thanks,
victoryismine06
 

xylene

Senior Member
Look you are confusing the HIGH SCHOOL with the POLICE.

The High School can do what they want. They will punish him. That is SEPARATE from the police.

As much as your school administrators would like to think they are the police, they aren't.

If you brother is arrested or ticketed (WHICH IS HIGHLY UNLIKELY) then he has several defense options.

You need to let your parents drive on this one.
 

victoryismine06

Junior Member
Thank You!

Ok I would like to thank you for all the help. I understand now that the school is going to do whatever they want. But he has a chance against the actual police. What is your suggestion for him to do when he is confronted by the police?

Remember he already confessed to the school, but since that is separate from the police, that confession means nothing?

PS I owe you.

Thanks,
victoryismine06
 

cbg

I'm a Northern Girl
Do you REALLY think he can confess to the school that he was drinking and then try to make the police believe he was not?
 

xylene

Senior Member
Do you REALLY think he can confess to the school that he was drinking and then try to make the police believe he was not?
The police don't have ANY envidence at this point. They didn't observe the boy drinking and they haven't questioned the witnesses... and it is suggested who themselves were drinking.

I don't think that 3 students telling the school principal something under questioning and the principal relaying that information is anything but hearsay. Hearsay under moderate coercion at that.

I don't think that an admission to the school principle is damning evidence or a legal confession.

I don't think that is even particularly hard to see how it isn't.

If the police are called this kid is not going to be hard boiled enough to just keep his mouth shut, so he it is really a moot point.

Besides at 15, a boy should be dealing with his parents counsel on these issues.

If parents want boy off, parents should get lawyer, because what the police can prove is what matters. What they may believe mean about as much as scientology.
 

victoryismine06

Junior Member
Ok!

I would just like to thank all of you for some great advice. I think it should all turn out ok for him, of course the scary thing is, now he has to deal with our parents :eek:

Thanks again,
victoryismine06
 

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