Alcohol & Drugs: MIP, MIC, Intoxication 16 yr old son given a citaton to appear in court for illegal possesson of alcohol

[bcipriano]

my 16 yr old son was served w/a citation, from local police, to appear in court for illegal possession of alcohol by a minor. he was breathalized (was 0.03) & given the citation, which HE had to sign, but i was never called or notified.
i am wondering what he could be facing for punishment and if i should consult an attorney. im confused as to why he wasnt taken to the police station, if he committed a crime. he has never been in any trouble before & i am on completely foreign ground here.

 

[tpajet]

If he was was speeding and got pulled over, HE would be the one to sign the citation. Same thing here. Also, the fact that he was not arrested has nothing to really do with weather or not he broke the law. If you get caught with a small amount of pot, you will get a citation, not handcuffed.

Basically, think of it this way- they could arrest him, send him to an arraignment, then to court, OR they could let him on his way, send him to an arraignment, then to court. For something that simple, they don't want to tie up an officer to haul him off.

When he goes to court the first time, he pleads guilty or not guilty, (he needs to plead NOT guilty) and then you can get a public defender if you need one. And I would call them ahead of time and just see what he is facing. Most likely he will get a little probation or something simple. I doubt they would throw the book at him.

 

[CdwJava]

my 16 yr old son was served w/a citation, from local police, to appear in court for illegal possession of alcohol by a minor. he was breathalized (was 0.03) & given the citation, which HE had to sign, but i was never called or notified.
i am wondering what he could be facing for punishment and if i should consult an attorney. im confused as to why he wasnt taken to the police station, if he committed a crime. he has never been in any trouble before & i am on completely foreign ground here.

Punishments differ by the offense and by state.

What state is this in, and what is the code section of the violation for which he was cited?

- Carl

 

[raskalnikov]

What CDw says is true. . .

some areas of the same state it's a citation, others it may be a misdemeanor.

Be glad it isn't a misdemeanor. . .