Alcohol & Drugs: MIP, MIC, Intoxication Son Calls To Report Crime Receives Mip

My son (20 y.o.) returned to college this week and attended a welcome week party where he was jumped by several young men. He went home and called police to report the incident and they came. In telling them the story, he said that he had had a couple of beers. They went to the location of the party where everyone was gone, came back to my son's apartment, and then issued him an MIP. Unfortunately, my son is on probation for another MIP that he got at a party in early summer when he came home from his first year away at college. He was fined, ordered to do community service, attend classes/counseling, and got a year probation. Now, I already know that my son may be jeaded for trouble if he continues his partying, but he really is a good kid who has never been in any other kind of trouble, is responsible with good grades, etc. My real question is: They never gave him any kind of test or do anything other than issue the MIP based on what he said in the telling of his story. Can this charge stand? What should he do at his court appearance? How to best fight this? Can he claim the Fifth Amendment if they ask him if he was drinking? HELP HELP HELP!!! Personally, I think it's shameful that he called the police for help and instead got punished for it, besides being assaulted. What a sick and sad message for them to be sending!!! But... how to get him out of this with the least harm to the rest of his life?

michmom said:

My son (20 y.o.) returned to college this week and attended a welcome week party where he was jumped by several young men. He went home and called police to report the incident and they came. In telling them the story, he said that he had had a couple of beers. They went to the location of the party where everyone was gone, came back to my son's apartment, and then issued him an MIP. Unfortunately, my son is on probation for another MIP that he got at a party in early summer when he came home from his first year away at college. He was fined, ordered to do community service, attend classes/counseling, and got a year probation. Now, I already know that my son may be jeaded for trouble if he continues his partying, but he really is a good kid who has never been in any other kind of trouble, is responsible with good grades, etc. My real question is: They never gave him any kind of test or do anything other than issue the MIP based on what he said in the telling of his story. Can this charge stand? What should he do at his court appearance? How to best fight this? Can he claim the Fifth Amendment if they ask him if he was drinking? HELP HELP HELP!!! Personally, I think it's shameful that he called the police for help and instead got punished for it, besides being assaulted. What a sick and sad message for them to be sending!!! But... how to get him out of this with the least harm to the rest of his life?

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I'm sorry to hear about your son but he doesn't get the Miranda warning. "Anything you say can and will be used against you in a court of law." He wasn't being arrested. It was not smart to go to the police and tell them he was drinking. Wouldn't it be sufficient to just say "I was at a party" and that's all?

Why did they give your son an MIP? Usually this doesn't happen with good kids who are reporting a crime unless there is some factor at play here. I am getting the feeling that there is more to the story - no offense - since he already has one MIP. I'm sure he's a good kid and very happy for you. But he has to accept the fact that even though this stuff goes on at college campuses all the time he has to accept the responsibility for his actions.

I think kids these days believe that if everyone is doing it and you don't get caught then it is legal. A good example is piracy and theft of music. Happens every day. Ask kids whether it is wrong and they say it isn't because everything is and should be free. He sounds like a good kid.

Here is what I would do -- GET A LAWYER. Don't mess around. This should be the last straw and your kid will know that it cost you money. It's serious now. He's on probation. His back is against the wall. The lawyer might find a weakness in the charge - it is fact specific and needs to hear the whole story from your son. He will also be able to better argue policy against such an act but it sounds like there is more to this.

I hope all goes well for your son and your family. Good to hear about great caring parents who trust their kids and know how to give them room to grow. :nuts

Thank you but... the Fifth?

Thank you, Jon, for your very thoughtful post which makes all the sense in the world... and just fyi, I agree with you totally about "kids these days" (HA! never thought I'd be one of those!) thinking they should not be held accountable for their actions. Man, did we ever go wrong in instilling their 'rights' to them! But, in court, my understanding is that they have to prove guilt beyond a reasonable doubt. Without any evidence of that, other than my son's own narrative (and I'm not really sure exactly what he said), what kind of evidence do they have? If they ask him directly in court if he had been drinking, can he plead the Fifth Amendment so that he does not incriminate himself?

With your son's statement to the police and the likelihood that the officer9s) will testify that they smelled the odor of alcohol emanating from his person, that would be enough to convict. Of course, he does no thave to take the stand in his defense ... though that would mean that his story of getting assaulted wouldn't get presented to try and get a play of sympathy.

Unfortunately, physical altercations are what happens at drunken college parties. It's never appropriate, but it happens. And now with a second MIP I hope he has either learned to stay away from these parties or seek help for his alcohol problems.

- Carl