Underage Drinking Question - Please help

[clemsen]

What is the name of your state? California

Hello everyone. My 18 year old son came home a few night ago saying that he had been in an incident with some police in Los Angeles. Apparently, he and some friends had gone to a restaraunt, and one of the boys had purchused alchohal with a fake ID. All the boys and girls drank, and predictably the cops showed up. Many of the kids just walked away from the table, but my son and a girl were kept behind by the police. My son was cuffed, and then asked a series of questions. The police took down his information, however he had no indentification on him, so they most likely got it wrong. My son was then uncuffed, given NO ticket, and told to have a safe night. Is this incident closed? Will we be getting a big ticket in the mail? If they didn't cite him on the spot can they still do anything to him? Again, all they took was his information, then said he could go. Thank you so much in advance for your responces.

 

[las365]

My son was cuffed, and then asked a series of questions. The police took down his information, however he had no indentification on him, so they most likely got it wrong.

You mean he lied to them?

 

[CdwJava]

Yes, they COULD come back with a summons to appear before a juvenile probation officer, but it is very doubtful. If they intended on issuing a citation they generally would have called you to come and get him.

So, what punishment is he subject to at home becuase of this?

- Carl

 

[clemsen]

Yes, they COULD come back with a summons to appear before a juvenile probation officer, but it is very doubtful. If they intended on issuing a citation they generally would have called you to come and get him.

So, what punishment is he subject to at home becuase of this?

- Carl

Carl, thank you for the prompt responce. It appears you are saying that it is very unlikely that the police will punish him, but I completely agree that the punishment must, in turn, come from his parents. To tell you the truth, I havn't even thought about a punishment until now, but one will definitly be administered. This is a first time event, and I'm proud he came home and came to me to talk about it, but I belive it calls for putting some stricted limits on his free time (ie. earlier curfew, more cell phone calls, names of people he is hanging out with, etc.) In fact, the severe grounding he is about to recieve will be great for freeing up time to do his college applications. Mostly, I am afraid for his college application. He is applying to some top schools, and I would HATE to have to have him check that "misdemonor / felony" box in applications. Is there ANY remote chance of him being convicted for one of those?

Also, in the unlikely event the police choose to follow up and have him see an officer, what kind of punishments would we be looking at? I just need to know if it is possible that anything could go on his public, permanent record. Lastly, is a summons the extent of legal options they have against my son? Can they no longer issue him citations, or arrests? What exactly does a "summons" entail. Thank you again for your continued responces.

In responce to las365, he did not have any indenfication on him, and he told me that they completely butchered our hard to spell last name when he gave it to them, and he did not speak up to correct them. Unsure if this was a wise or foolish decision.

 

[CdwJava]

Mostly, I am afraid for his college application. He is applying to some top schools, and I would HATE to have to have him check that "misdemonor / felony" box in applications. Is there ANY remote chance of him being convicted for one of those?

There is always a remote chance that a charge will be filed. But, from what you describe, I would say it is unlikely to happen. Even if it did, very often on a first offense like this the court offers diversion and upon completion, the offense is dismissed.

But, with so much to lose, he needs to grow up fast and mind his Ps and Qs or he could face some unintended consequences beyond the wrath of his parents.

In responce to las365, he did not have any indenfication on him, and he told me that they completely butchered our hard to spell last name when he gave it to them, and he did not speak up to correct them. Unsure if this was a wise or foolish decision.

Well ... he can always be accused of providing false information to a peace officer, and this CAN be a criminal allegation that would dog him. But, given the situation as described, I would not expect anything further to come of it unless his version of events has been played WAAAY down.

- Carl

 

[BigMistakeFl]

BigMistakeFl

Maybe your son was completely innocent. The proverb is true, as my own teenaged son has learned the hard way..... "Guilt by association". We are judged often by the company we keep and what they do.

 

[clemsen]

Unfortunately no, he said he had been drinking alcohal with the rest of them. It appears, according to Carl's responces, that the police just let them go without consequence in order to scare them. I am actually mildly curiuse about the legal situation of the whole matter. Were any laws actually broken by my son? He was in a restaraunt which had allowed him to order the alcohal, and was not asked to submit to a breathalyzer or anything. Is it possible for the police to still take action against him now that time has passed and no ticket was issued at the scene? In the end, it appears the ball is in our court (his parents) to rectify the situation and make sure this doesn't happen again.

 

[CdwJava]

Were any laws actually broken by my son?

Yes - ordering alcohol, and being in possession of alcohol. Some counties still consider consuming alcohol "possession" - I'd say more than half do NOT adhere to that any longer, but enough do.

Is it possible for the police to still take action against him now that time has passed and no ticket was issued at the scene?

Possible? Sure. Likely? I doubt it.

In the end, it appears the ball is in our court (his parents) to rectify the situation and make sure this doesn't happen again.

As I tell parents as a drug and alcohol prevention plan in a parenting class I teach each month: Parents are the single most influential person in the life of their child, and, quite possibly, the life of their child's closest friends.

What you do to your son now will set a tone for the future. If he can skate with an easy out, then he may well learn that rules mean nothing or that his parents will not enforce them unless someone else does it first. Even if not draconian, the punishment should be swift and certain.

If it were MY teen son, he would remember the consequences for the rest of his life. (And, no, I would not beat him ... there are other - better - ways to make an impact.)

Good luck!

- Carl

 

[CourtClerk]

Were any laws actually broken by my son?

Yes, it is against the law for an 18 year old to consume alcohol in the state of California. Because the waiter/waitress was shown a fake id and didn't card everyone else at the table doesn't absolve your son from not following the law.

In this case, it sounds like the server was at fault, as your son was too.