Nebraska-
My 20-year old college student brother drank some alcohol prior to leaving his private residence recently, as he thought he would be safe there versus drinking at a party. He did not drink anything outside of his private residence. He was standing with a few friends outside of a house and none of them had alcohol with them. One friend got a text that a cop might be walking around (it's a small college town, and cops are always out looking for house parties). Since all the kids were scared of talking to cops, they ran in different directions. My brother and one friend went over by a tree, and when his friend decided to run instead, the cops attention was drawn to my brother. The cop asked my brother to come out, and he did immediatley. The cop asked for his license, and then put him in handcuffs, read him his rights and began walking him to the police car. It was then that my brother asked what he was being charged with. The cop responded, "MIC and Obstruction of Justice (apparently for being behind a tree)." The cop then says, "Oh, I guess I should give you a breathalizer, huh?" My brother blew a .08. No party was getting busted and no other kid got cited. He was just standing outside.
The cop did let my brother go after writing the citiation because he was being cooperative (so why an obstruction charge?) My brother's main concern is the obstruction charge. He did plead not-guilty to both and will be tried by a judge versus a jury. Would you recommend him obtaining an attorney to help fight these charges? Would an obstruction charge haunt him in the future after he's 21 and job hunting, etc? He is an honors student and involved in many college activities, and that is why he doesn't want to just forget about it and pay fines. Also, the county prosecuter says she's not interested in trying to get jail time.
Thank you.
My 20-year old college student brother drank some alcohol prior to leaving his private residence recently, as he thought he would be safe there versus drinking at a party. He did not drink anything outside of his private residence. He was standing with a few friends outside of a house and none of them had alcohol with them. One friend got a text that a cop might be walking around (it's a small college town, and cops are always out looking for house parties). Since all the kids were scared of talking to cops, they ran in different directions. My brother and one friend went over by a tree, and when his friend decided to run instead, the cops attention was drawn to my brother. The cop asked my brother to come out, and he did immediatley. The cop asked for his license, and then put him in handcuffs, read him his rights and began walking him to the police car. It was then that my brother asked what he was being charged with. The cop responded, "MIC and Obstruction of Justice (apparently for being behind a tree)." The cop then says, "Oh, I guess I should give you a breathalizer, huh?" My brother blew a .08. No party was getting busted and no other kid got cited. He was just standing outside.
The cop did let my brother go after writing the citiation because he was being cooperative (so why an obstruction charge?) My brother's main concern is the obstruction charge. He did plead not-guilty to both and will be tried by a judge versus a jury. Would you recommend him obtaining an attorney to help fight these charges? Would an obstruction charge haunt him in the future after he's 21 and job hunting, etc? He is an honors student and involved in many college activities, and that is why he doesn't want to just forget about it and pay fines. Also, the county prosecuter says she's not interested in trying to get jail time.
Thank you.