Minor Consumption with no proof

What is the name of your state? Idaho

My sister was charged with a minor consumption and/or possession yesterday. She was at a wedding reception two months ago (July 28th). No police officers were present, therefore no breathalyzer or field tests were conducted. I believe someone will testify she was drinking. Can she be convicted with just testimony from someone at the party?

Please reply ASAP. She was served papers yesterday and has a court date on Tuesday.

She was also charged with maliciously and willfulling disturbing XXXX's peace. The plantiff says my sister yelled and threatened her when the plantiff kicked her out of the bar. Absolutely not true. The plantiff cornered my sister in a narrow hallway and yelled at her so badly that my sister was hysterically crying when she returned to the dancing area (not in the bar) to get her purse and go home. The plantiff claims to have a witness, but my sister says no one was present.

The plantiff is known for lying frequently and constantly makes comments about filing a suit against people. My sister recently inherited a significant amount of money with my grandfather's passing. The court day for this is also Tuesday. What should we do? It sounds like it is her word against the plantiff's.

RARENVENG said:

Can she be convicted with just testimony from someone at the party?

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Yep. She can also be convicted with testimony from the officers that they saw her in possession, that they smelled alcohol on her breath, or that she admitted to possession and/or drinking alcohol.

The court day for this is also Tuesday. What should we do? It sounds like it is her word against the plantiff's.

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Since this sounds like a civil matter, she should consult an attorney that handles civil suits.

And what someone may or may not be "known" for is going to be largely irrelevant, so that is not going to be an issue unless you have proof she has a history of making stuff up - and I mean PROOF not that you heard from a friend of a friend that she kinda lied about something.

- Carl

Officers were not present. The testimony would come from someone who attended the reception, but is not a law officer.

RARENVENG said:

Officers were not present. The testimony would come from someone who attended the reception, but is not a law officer.

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Wait ... she is being charged with underage drinking from 2 months ago?

That's ridiculous. I doubt the DA will pursue it ... unless there are some details missing.

- Carl

Yes, it was two months ago. And her court date is set for Tuesday. What should she say/do in the court room? What typically happens?

I don't think I am leaving anything else out, except they also served my dad with a contributing to a minor. Also a fight between the plantiff's father and my father occurred and litigation is pending.

I really appriciate your advice so far. I can't help but feel that we are being set up and am having a hard time with not knowing what to do.

There is WAY more to this story...

There is a larger story, but what I am trying to get down to is can my sister be convicted of a minor in possession/consumption by testimony of someone who attended the reception, but is not a law enforcement officer? There was not a law enforcement officer at the reception at any time and the witness had also been drinking.

How much impact does the other litigation have on this proceeding?

RARENVENG said:

There is a larger story, but what I am trying to get down to is can my sister be convicted of a minor in possession/consumption by testimony of someone who attended the reception, but is not a law enforcement officer? There was not a law enforcement officer at the reception at any time and the witness had also been drinking.

How much impact does the other litigation have on this proceeding?

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What KIND of litigation? Was the minor involved in a collision of some kind? Was someone injured as a result of the minor drinking?

It is unheard of that the police or the DA would pursue a two-month-old report of someone that consumed alcohol at a wedding.

I agree - there is much more to this. No one would waste their time under normal circumstances.

- Carl

Alright here is the whole story:

On July 27th (day before the wedding reception) the brides mother asked the owner of the hall (it has a bar, restuarant, banquet facility, and dance area) how he felt about minors drinking. He said that as long as they didn't order from the bar, he wouldn't kick anyone out. I heard this with my own ears, and yes I do realize this doesn't make underage drinking legal.

The following day (July 28th), at about midnight, my sister went to use the restroom (not in the bar). When she came back to our table (also not in th bar) she was crying hysterically. My father asked her if she had been kicked out for drinking she said no, but the owners daughter had cornered her in the hallway and yelled at her and threatened her.

My father went to talk to the owner and they ended up getting in a fight, which resulted in the owner getting hurt. Because we were live in an extremely small town with no medical facilities, they life-flighted the owner out. I saw the owner before the ambulance arrived and, although bloody, he was walking around and yelling at people like he was fine. Mad, but fine.

On Monday my father called the owner and said that he was sorry he hurt him so bad and offered to pay for the medical bills. The owner said that would be fine and he wouldn't press any charges. That wednesday my father was served with aggravated battery, malice, breaking and entering, and aggravated assault. He was also served a restraining order stating he could not talk to the plantiff or his familiy or come within 100 yds. Five officers came to serve the papers and were armed to the hilt. A very large article about the fight (with only the plantiff's story) appeared in our local newspaper and the local news. Basically convicting my father.

On the arrainment date, my father plead not guilty to all counts. The P.A. asked that he be placed in jail with $250,000 bond. When that was denied she asked to have all weapon siezed, for my father to call before he leaves the county, and that my father not be allowed to drink alcohol or be in an establishment that served alcohol. All by the last two requests were denied.

Now nearly months later my sister gets served with a minor consumption and a macilious disturbing of the peace and my father gets served for contributing to a minor. A statement was made by the plantiff's aunt that my sister was drinking and my dad supplied the booze.

One more important thing to note: my father was the sherriff of the county several years ago and issued many tickets to that family or friends of that family.

I'd say the assault is the most serious of the offenses ... these others are very minor in comparison and are probably just tacked on to make the negotiating a little easier (for a plea).

All parties need to consuilt attorneys ASAP.

- Carl