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I threw a party and got busted. Help?

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ogreisfresh

Junior Member
What is the name of your state:Ohio

I'm 20 years old and have been recently charged with one count of underage consumption and am looking for some advice. I have no prior charges other then minor traffic violations.

Here's the backstory.

My parents went out of town on 7/9/11 and I had just recently turned 20 so i decided to throw a little party. I guess we were to loud and the neighbors called with a noise complaint. So 4 sheriffs showed up with dogs and everything and immediately asked who the home owner was and I told them it was me. They then ordered that everyone should come out of the house and then seperated us in two groups. People over 21 and people under. They then "pen tested" everyone under 21 and we all mostly failed. There was one girl there who was 17 years old that I didnt even know about and the cops had to wait for her parents to come get her. Well she lived an hour away so they started looking around my deck and someone had left a marijuana bong behind my grill on my deck. Once the sheriffs finished pen testing everyone and her dad came and got her they told me that I would most likely get charged with 7 charges of underage consumption, contributing to minors, and also a drug paraphernalia charge. then the sheriffs told the kids over 21 to take all the alcohol on the premises and put it in their cars and leave. They then took the bong and left. They didnt write any tickets that night and didnt do any tests other then the pen test. They also never tested me for alcohol and I was extremely cooperative and did everything they asked me, however they asked if they had permission to enter my home and I politely told them no.

However before they left they took my one buddy to the side who happened to be sober and told him that I would get charged with the bong unless if we all fessed up and told them whos it was. He gave my friend a phone number to call when we made up our minds and then the cops left. It turns out it was the girl's bong who was 17 years old and we called the number and reported that it was hers.

So for two weeks I thought I wasnt getting charged with anything until my one friend who consumed alcohol underage that night got a letter in the mail from an attourney, two weeks later on 7/27/11. saying he would like to represent him in court for his charges. We then looked at the county's website and found out that everyone underage got charged with one account of underage consumption. And that our arraignment is 8/19/11

Since then I have also checked the public records under the 17 year old girl's name and have found no record of a paraphernalia charge

~~~~~~So heres my question....sorry about the long story~~~~~~~~
What steps should I take to insure the minimal punishments?

Since On the county's public record website it claims I'm only getting charged with 1 account of underage consumption or possession of alcohol, is that all I will be charged with???

Can more charges be placed at my arraignment?

what will happen with the paraphernalia charge?

And last but not least. What kind of consequences (fines, probation) am I looking at?What is the name of your state (only U.S. law)?
 
Last edited:


OHRoadwarrior

Senior Member
The 17 yr old is a minor. Her charges, if any, won't show up there. I suggest you contact the court and confirm that is the only charge.
 

ogreisfresh

Junior Member
I will call them asap and ask Thanks.

Also, I forgot to add in to the story. My girlfriend was at my house the night the sheriffs came but she had work the next morning so she was sober and sleeping in my room. When the cops told me to make sure every one was out of the house I brought her out aswell and they pen tested her. We assumed she was fine considering she didnt actually drink that night but she is getting charged with underage consumption.

I think she may have failed the pen test because she has an astigmatism in her eye? Would she be better off pleading guilty or non guilty, after considering court fees and the attourney cost
 

OHRoadwarrior

Senior Member
Absent a confession, a lawyer can probably get a charge against her dismissed. Pen testing, stand alone, are deemed somewhat inaccurate and subjective.
 

HighwayMan

Super Secret Senior Member
You will find out what charges you are facing at your arraignment - that's the purpose of an arraignment, it's a formal presentation of the charges.

Not sure what you mean by "pen test". If you are referring to a Horizontal Gaze Nystagmus (HGN) test (which is one of the standardized field sobriety tests) then no, simple astigmatism will not cause a false "positive" reading. Astigmatism affects the way the eye focuses images on the retina, it does not cause jerking movements of the eyes. Maybe she was drinking without you seeing her.
 

HighwayMan

Super Secret Senior Member
Pen testing, stand alone, are deemed somewhat inaccurate and subjective.
It's hardly subjective, although the cause of the nystagmus can be something other than alcohol.

While the full SFST battery of tests must be performed to determine intoxication in DWI/DUI cases, in this instance the HGN test alone may be deemed sufficient. It depends on the local courts and/or case law.
 

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