need legal advice, minor consumption

[Concerned Citizen]

18 year old family member got busted at concert, cited for minor consumption. Has a court hearing date coming up. Does he need a lawyer? What's typical punishment for that? Is there a deferral program? Any long term negatives for this offense?

Thanks,

 

[pute62]

Can't say if a lawyer would be any cheaper than just pleading and taking the probation but it would depend on which county and court it's in. May be worth paying a lawyer a few bucks to see what he can do. It's a minor offense (no pun intended) and shouldn't cost more than $500 total but will be on his record for life.

 

[Bigtanker]

Be thankful it was not in Michigan. Minor consumption = automatic DUI on driving record. No vehicle required!

 

[Concerned Citizen]

Can't say if a lawyer would be any cheaper than just pleading and taking the probation but it would depend on which county and court it's in. May be worth paying a lawyer a few bucks to see what he can do. It's a minor offense (no pun intended) and shouldn't cost more than $500 total but will be on his record for life.

Hamilton County

Be thankful it was not in Michigan. Minor consumption = automatic DUI on driving record. No vehicle required!

OUCH!

 

[Hank in Indiana]

Call your local prosecuters office and see who is going to prosecute the case. Ask for an appointment with him and ask those questions. You and the 18 year old can set with him and ask what his bottom offer is. If he offers you a deal that is acceptable, take it. If not talk to an attorney.

 

[Concerned Citizen]

They'll do that?

 

[HandK]

They'll do that?

Yes you can ask for a fine and probation! as long as he does not get in anymore trouble during his probation it will go away like it never happened!

 

[Hank in Indiana]

Yes they will. If the prosecuter and the 18 year old reach an agreement. That agreement will be presented by the prosecuter to the judge in open court. The Judge will ask the 18 year old if he agrees to the terms. If the 18 year old says yes, the judge will agree and make that the order.

 

[femurphy77]

The oldest one got busted at Verizon several years ago "just holding the beer for a friend while he went to the bathroom" (yeah right!), The mother decided to fight it and ended up costing her several thousand dollars. Still ended up having to do the scared stiff thing, probation and a $500 fine.

I love saying I told you so!

 

[pute62]

Hamilton County



OUCH!

Since its Hamilton Co be prepared to pay more for probation (along with all the other bs they add with it) than fines and court costs. Probation alone will probably cost $5000 lol Gotta feed the machine.

 

[MikeDVB]

Yes they will. If the prosecuter and the 18 year old reach an agreement. That agreement will be presented by the prosecuter to the judge in open court. The Judge will ask the 18 year old if he agrees to the terms. If the 18 year old says yes, the judge will agree and make that the order.

The fact of the matter is that the court systems are overworked and understaffed with backlogs in most places. Making an agreement with the prosecution will save them time, effort, and money of a trial - it's a win/win.

That said ... I don't understand why you're an 'adult' at 18 but cannot drink alcohol until you're 21. Either make adulthood 21 or reduce any limit that is currently 21 down to 18... Uggh.

 

[No2rdame]

That said ... I don't understand why you're an 'adult' at 18 but cannot drink alcohol until you're 21. Either make adulthood 21 or reduce any limit that is currently 21 down to 18... Uggh.

Because our government is involved. Thus, it will never make sense. I was in college in Louisiana when they raised the age from 18 to 21 and wasn't grandfathered in, so for two years I could legally drink (the law said I couldn't buy but could drink, go figure) and then I lost the right for no reason whatsoever. What do you expect, though, when the government was involved.

As far as the OP, even if it's going to cost a small fortune I would hire an attorney, if nothing else for the peace of mind to know that having a legal expert could help reduce the charges. The law is dumb, I obviously agree, but does your family member live under a rock? HamCo has been busting people at Klipsch big time all year. You would think he or she would've known this before drinking there.

 

[Bunnykid68]

I got popped for that when I was 20 in 1990. Cost me a few hundred and 4 hours total of Youth Alcohol Program, once a week for four weeks , probation for about 6-8 weeks. That was then though.

 

[red46239]

I got in trouble for that with a few friends while at Purdue in 1999. We went to our court date not knowing what to expect. We were never put before a judge, just put in a room and told that we were being put into some sort of diversion program. Our court costs were in the $250 range, we were given 24 hours of community service, and had to stay out of trouble for a year. Being a college town, they had it down to a pretty quick process. We worked at Goodwill for our community service.

 

[MikeDVB]

I had a friend get busted at X-Fest a few years ago... Never heard anything else about it though...

Speaking of... I've not heard from him in a while...

 

[churchmouse]

Hamilton Co. Sucks eggs. Get ready to pay as that is all they want......revenue. Have to pay for that nifty new court house.

 

[mrjarrell]

I'm sorry that NPD and HCSD are such d-bags. They've made a habit (a bad one) of hanging out at Klipsch and harassing concertgoers the last year or so. Didn't used to be this bad, but they've got a bug up their butts about making easy citations and busts. Personally, I wish they'd knock it off. It's giving the venue a bad rap. Guess they need a few new Chargers and SUV's.

 

[MikeDVB]

I'm sorry that NPD and HCSD are such d-bags. They've made a habit (a bad one) of hanging out at Klipsch and harassing concertgoers the last year or so. Didn't used to be this bad, but they've got a bug up their butts about making easy citations and busts. Personally, I wish they'd knock it off. It's giving the venue a bad rap. Guess they need a few new Chargers and SUV's.

Last time I was there I had a couple of undercover officers walk up to me and start acting like they were my friends... It was obvious to me who they were and what they were doing and I ignored them completely [was drinking a beer, but have been over 21 for quite some time now]... When I have a clean shave I look about 16 [the ladies have always said I have a "baby face"]... I was shaven at the time, however, I now just trim to avoid any confusion over my age

There were others that were not as observant as I watched them walk over and cuff somebody else a few minutes after they got tired of me ignoring them .

 

[SaintsNSinners]

I had Alcohol counseling classes at some rehab center off US31 (real wierd feng shui kinda stuff) probation during the counseling and a 250 dollar fine, all that was part of my deferral.



Never let a 20 yr old soldier enter the country from Korea with 1500 in liquor and not expect him to drink it

 

[Fargo]

Call your local prosecuters office and see who is going to prosecute the case. Ask for an appointment with him and ask those questions. You and the 18 year old can set with him and ask what his bottom offer is. If he offers you a deal that is acceptable, take it. If not talk to an attorney.

He will probably have to have his initial hearing (1st ct. date) before the prosecutor will talk to him; it is technically an ethical violation for him to talk to him prior to his initial hearing. If no criminal record, he could ask for diversion and would probably get it. That what a buddy of mine got up there in a similar case a few years ago.

Best


Joe