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Shel77

Member
What is the name of your state? FL

I know that my brother has really screwed up but still hope I can get some advice.
My brother is 18 and my dad has gone overseas for a few months so the townhouse has been the place for all my brothers’ friends to hang out. A few weeks ago he was having a small party (4 friends) Well by about 11:30 there were 10 people total there and the neighbors called the cops for noise complaints when they showed up and rang the bell he answered the door with one of his friends the cop asked for I.D when he went upstairs to get it tried to shut the door and the cop pushed it back open and yelled at him so when he produced I.D. he came back w? A failure to appear on a traffic case (he went I was with him the said it was rescheduled apparently not)

Anyhow, They said at that point they had to obviously take him to jail and asked if anyone else was in the apt. he said yes and they said he needed to lock his doors before leaving and that they would go get everyone (8 people) out he said no they could not enter his residence (my dads actually) and so then things got ugly he sat down there from 11:30 till 1am while they threaten him with K-9 searches saying that he could not secure his mini poodle (5pds) and that the K-9 might just kill it and that he would be responsible if anyone was injured by the k-9 and on and on finally they decided that they had probable cause and were going to search without consent. They had to use his key to get in because the others inside had locked the door. When they searched they found a keg and a green leafy substance on the floor in one bathroom" also in the third floor bedroom closet was a hooka pipe which has only been used to smoke flavored tobacco however they called in paraphernalia which ok until tested makes sense. there was also one girl there that was 16 so all in all 5 charges - Open house parties prohibited -Poss. of alcohol under 21 - possession of cannabis<20 grams - use or poss. of paraphernalia - cont to delinquency of a minor. There were two people over 21 there that had purchased the keg and brought it to the residence along with the 16 yr old. And they admitted this; the total of cannabis was .07 grams, which others admitted to owning.

After searching the called me at home at 1:30am to ask if I would come p/u his dog or they would take it to the pound (his friend offered to take it but they would not allow??) I live 2hrs. Away and have a young son so I asked to have them put him in his crate till morn. They agreed. The officer went on to tell me a 45 min story about there being over 20 people in the house, that the house was trashed (I was there next day it was not) that when they entered they found the toilets overflowing everywhere due to them trying to flush all the cocaine (uh no) and that everyone was heavily intoxicated (the keg was nearly full maybe three glasses were gone) anyway on and on with tons of lies I asked how they gained permission to search they said he agreed to it (says this in the report also though it is not true)

After arresting just him and letting everyone else go they then took him to the police station for over 2 hours before taking him down to the jail to be booked is that normal??
I know this is a long story but I can not afford to get him an attorney and may be using a Public defender so I wanted to know all I can because I have heard that although some do most don't really care and see this so often that it doesn't matter much. I would like to see him go to my dad after he has his court dates he is in the Philippines and he would stay out of trouble there. He is not a bad kid just had a very sheltered childhood and has bad friends. Thanks for any advice you may have and I will answer any questions if they arise.:)
 


Shay-Pari'e

Senior Member
I am just wondering how you could tell that only three glasses of beer were gone out of the Keg.

PS. Your brother is an adult, so your desire to have him placed with your father is not going to happen.
 

Shel77

Member
He is willing to go and stay with my Dad until my dad comes back in about 6 months I had put that in there because I wanted to somehow relate that to the judge in hopes that he would not have a condition of not leaving the country as part of his sentence. He lives in my Dads house and drives a car owned by my dad my dad pays all his bills so it was not hard to convince him to want to go, he does work but only p/t because he is in a community collage. As for the keg and what was gone I'll admit I have no idea exactly but their were only three glasses in the house that had beer in them and the keg was still "full" minus what I assume to be three glasses.
 

BelizeBreeze

Senior Member
Frankly, this is none of your business.

As you were told, your brother is 18. He is on his own and nothing you say or do has any relevance in court.

Instead of helping your little brother to run from his responsibilities, let him face them.
 

Shel77

Member
If my dad were here to help his son out as most all parents do, I would not have so much involvement but it would be very hard for my my dad to come back right now. I am not trying to help him run away or get away with anything I am simply trying to help him out as much as I can, he is my little brother. I realize he is an "adult" as of 2 months ago. I am simply wondering if there is anything in this situation that was done incorrectly. He is going to stay with my dad because he has chosen some really bad friends and needs to get away from them. Apparently this is not a strange situation for a sister to help out their brother because while waiting to bail him out (for 8 hours) there were alot of other sisters there doing the same thing. If he knew of these forums I am sure he would be asking for advice just like everyone else here is.
 

BelizeBreeze

Senior Member
Shel77 said:
If my dad were here to help his son out as most all parents do, I would not have so much involvement but it would be very hard for my my dad to come back right now.
and what can your dad do? Nothing. except maybe pay for an attorney. Otherwise, as you have been told several times, your brother is an adult. HE alone must deal with the courts in this matter.
I am not trying to help him run away or get away with anything I am simply trying to help him out as much as I can, he is my little brother.
Then help him find an attorney.
I realize he is an "adult" as of 2 months ago. I am simply wondering if there is anything in this situation that was done incorrectly.
How should we know? We weren't there to observe nor do we have the police reports. Only his ATTORNEY can obtain these things.
He is going to stay with my dad because he has chosen some really bad friends and needs to get away from them.
I doubt seriously the court will allow him to leave the country, much less the county.
Apparently this is not a strange situation for a sister to help out their brother because while waiting to bail him out (for 8 hours) there were alot of other sisters there doing the same thing. If he knew of these forums I am sure he would be asking for advice just like everyone else here is.
then tell him about them. and keep his ass in this country because if he doesn't get the court's permission to leave, he could also be facing flight charges.
 

Shel77

Member
I am sorry that I care about what happens to my brother, if people were suppose to just face the consequences then there would not be lawyers. I have been on the boards for sometime now and have helped answer some questions so I figured since I have a problem now I could get some legal advice I did some searching of my owner last night like filing motions to suppress the evidence. Or finding out about a diversion. I still have allot of looking left to do though his arrangement is Friday. I know that you normally tend to just be a smartelic with most people, Belize but I figured maybe someone would have some advice here on the advice forum. The only thing you have told me that has any relevance to my need is that he will most likely not be allowed to go stay with my dad as part of his probation. Everything has nothing to offer me, you think I just say hey some mean guy on the free advice boards said it's none of my business so figure it out on your own bro. Not likely.
 

BelizeBreeze

Senior Member
Shel77 said:
I am sorry that I care about what happens to my brother, if people were suppose to just face the consequences then there would not be lawyers. I have been on the boards for sometime now and have helped answer some questions so I figured since I have a problem now I could get some legal advice I did some searching of my owner last night like filing motions to suppress the evidence. Or finding out about a diversion. I still have allot of looking left to do though his arrangement is Friday. I know that you normally tend to just be a smartelic with most people, Belize but I figured maybe someone would have some advice here on the advice forum. The only thing you have told me that has any relevance to my need is that he will most likely not be allowed to go stay with my dad as part of his probation. Everything has nothing to offer me, you think I just say hey some mean guy on the free advice boards said it's none of my business so figure it out on your own bro. Not likely.
No, what it sounds like to me is you are enabling your brother to not be an adult. It's his problem and there is nothing LEGALLY you can do. If you don't like that answer then take about $2,000 out of petty cash and hire little bro an attorney.
 

Shel77

Member
I realize he needs an attorney, and hopefully next week I can get him one. Until then we still have his arraignment. I did not come here to argue with you Belize, I know I won't win ;) I just wanted some basic advice, that’s all. Sorry if I pissed you off.
 

weenor

Senior Member
Shel77 said:
I realize he needs an attorney, and hopefully next week I can get him one. Until then we still have his arraignment. I did not come here to argue with you Belize, I know I won't win ;) I just wanted some basic advice, that’s all. Sorry if I pissed you off.

He needs an attorney BEFORE the arraignment, so that everyone understands what he is being charged with. btw- we cannot tell you how to proceed because we don't know what he is going to be charged with either.
 

Shel77

Member
- Open house parties prohibited
-Poss. of alcohol under 21
- possession of cannabis<20 grams
- use or poss. of paraphernalia
- cont to delinquency of a minor
 

Shel77

Member
Not that anyone who replied seemed to care but in case anyone who read the post was wondering the State attorneys announcent "no bill" which means it was dismissed. I do not know why they say "no bill" if anyone knows exactly what that means other than it not being proscuted. I would like to know.
 

magic55

Member
Basically "no bill" means the grand jury did not see suficient evidence to warrant the criminal charges. Your brother got lucky. Considering I have a younger sister I would be the same way if I was in your spot. Best of luck.

Heres a Definition of "No Bill" for you-
http://www.answers.com/topic/no-bill
 

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