Daughter charged with illegal comsumption

[laurabb1960]

What is the name of your state (only U.S. law)? INDIANA (City of Carmel in Hamilton County)

A few weeks ago, my 17 year old daughter was dog sitting at the home of a friend of mine. She took along a (female) friend. My daughter has never been in any kind of trouble with the law.

Three boys (18) came over and apparently all drank alcohol. The boys were outside in the driveway and lit a bottle rocket (or two). Not a brilliant move. The neighbors called the police, and when they arrived, they breathalyzed the boys and two of the three boys were given citations for illegal consumption. They sent the boys on their way.

The officers then entered the house and went upstairs to a bedroom where my daughter and her friend were asleep. They woke them up and did a breathalyzer and my daughter registered .02. Her friend (also never in trouble before) registered a .03. The police transported the girls to the police station and then released them to me and the friend's parents. A police officer came to my door and let me know that my daughter was at the station and told me that charges wouldn't be filed. The police officer that brought her home told me that charges WOULD be filed.

A few days later, a letter arrived. It said, in part:

This department has been informed of the possible involvement of [daughter's name] in the following offenses. Delinquency to wit: Illegal consumption of alcohol.

We are hereby obligated to proceed with a preliminary investigation which is an informal interview lasting approximately one hour. The purpose of this interview is to gather information to assist the Prosecutor's office to how the case will be handled. Because your child is given the opportunity to tell his/her version of the offense, we do advise your child of the right to an attorney at the time of the interview. If you choose to obtain cousel, it is recommended you do so before the scheduled interview.

Should I obtain an attorney to accompany us to this meeting? Does it appear that the officers had probable cause to enter the house?

Any thoughts are appreciated.

 

[InsaneJane]

You should consult an lawyer so that you know what you are up against.

 

[laurabb1960]

Thanks!

Thank you, InsaneJane! Argh... teenagers.

 

[StevenJ_420Law]

Considering that letter says: "We would like you and your daughter to come in, admit, so we may proceed to prosecute her with a little bit more evidence."

I definitely think you need to talk to a lawyer.

 

[Indiana Filer]

I would recommend you go directly to this link and read before you do anything. It'll tell you how we handle juveniles in IN. A lot won't apply to your daughter, since she was just arrested for a status offense. http://www.co.monroe.in.us/probation/Forms/2006_Parent's_Handbook.pdf

Illegal Consumption by a juvenile is a status offense which means it's only an offense because of her status of being under the legal age to drink. It's a low level offense.

At the above PDF, the information about the Preliminary Inquiry starts on page 10.

The Preliminary Inquiry, which is what they are scheduling her for, will be when you and your daughter will speak to a probation officer or intake officer about the case. The officer will read the advisement of rights to her and you, and will then talk to your daughter about the case. She doesn't have to say anything if she chooses not to about the case. The officer will also ask questions about your daughter's school, home life, etc, all in order to make a recommendation to the Prosecutor's Office as to how the case should be handled. The options for the case would be dismissal (not likely), Program of Informal Adjustment, or for a Formal Petition Alleging Delinquency.

After the interview, the probation officer will write a report for the Prosecutor's Office. The Deputy Prosecutor who handles juvenile matters will review the report and then let the probation officer know how they want the case handled. If they decide on an Informal Adjustment, you will get another appointment to come in and sign the paperwork.

(If this is a first offense, and other things are OK for this juvenile, I usually recommend an Informal Adjustment for an Illegal Consumption.)

An Informal Adjustment would be the best outcome. It's kind of a pre-trial diversion for juveniles. It has just about the same terms of probation as going to Court for the same offense, but at a lot lower costs, and if finished successfully, the juvenile does not have an official juvenile delinquency record.

There are some requirements for an Informal Adjustment to be offered. Your daughter would pretty much have to admit to the charge at the Preliminary Inquiry since the Informal Adjustment allows the Probation Officer to accept the admission.

You might want to call around and speak to an attorney up there in Hamilton County to see if your daughter and you can get a free consultation. The attorney could tell you how likely an Informal Adjustment would be. I've had a few cases transferred down from Hamilton County, but I can't tell you for sure how they would handle the case. A Hamilton County attorney would be familiar with the system up there.

My personal opinion is that you probably don't need an attorney for the Prelim. I would bet she would get offered the Informal Adjustment. You might not know what the recommendation is when you leave the Preliminary Inquiry. I don't always tell the clients what my recommendation will be.

Of course, the option to hire an attorney or not is up to you. I'm not a PO in Hamilton County, but in another county in IN.

 

[stealth2]

Good thing she wasn't babysitting.

 

[Indiana Filer]

Good thing she wasn't babysitting.

If she had been babysitting, I would definitely have said to get an attorney. Of course, at that point, Dept of Child Services would have been involved too.

 

[laurabb1960]

Pretrial diversion program - and thanks to all

Thanks to all of you for the thoughts and insight.

My daughter has never been in any kind of legal trouble - not so much as a traffic ticket. She is strong academically, a mentor for mentally challenged kids, in a Christian youth group, in the choir, and a cheerleader. But obviously she *had* been drinking when they tested her, and I believe kids should have consequences for their actions so all I am trying to do is make sure that the punishment she is given is in proportion to her offense. At 17, she should not have been drinking alcohol. Period.

Most juvenile first time offenders are put into a diversion program:

http://www.co.hamilton.in.us/library/prosecutor/docs/diversion agreement.pdf

What bothers me is how the police entered the house and woke up both my daughter and her friend. I wonder if they had probable cause to enter the house.

I am a bit reluctant to go to a meeting without an attorney, but as a single mom raising three children, I don't have a lot of extra money to pay for an attorney if there really isn't a need for one, but I strongly believe in letting professionals do their jobs. I have respect for both attorneys and the police. I just want to make sure I'm doing the right thing because once we're at the meeting, there won't be any turning back.

I appreciate all of your comments and suggestions.

Laura