Alcohol & Drugs: MIP, MIC, Intoxication 18 years old, with a 21-year old, and contributing to the delinquency of a minor

[kalinka]

My son, who turned 18 in march, was arrested two nights ago and is apparently being charged with two or three counts of contributing to the delinquency of a minor, which is a fourth degree felony in New Mexico. He admitted to having consumed alcohol himself, although he was not notably intoxicated. One or two of the minors (under 18) were more intoxicated, and a 21 year old was also present and arrested. The 21 year old purchased the alcohol, although probably (I don't know for sure), they all pitched in to buy it. Is the charge of contributing to the delinquency of a minor valid for my son? The felony status seems extreme, and I'm wondering what the chances are that the prosecuting attorney will follow through with it. How do you recommend dealing with this? Is it a given that we need an attorney? We are not poor, but it would be a major challenge to pay for an attorney. Would my son qualify for a public defender? I figure he could reasonably plead guilty to posession or consumption of alcohol by a minor. Thank you for any advice.

 

[Michael Wechsler]

My son, who turned 18 in march, was arrested two nights ago and is apparently being charged with two or three counts of contributing to the delinquency of a minor, which is a fourth degree felony in New Mexico. He admitted to having consumed alcohol himself, although he was not notably intoxicated. One or two of the minors (under 18) were more intoxicated, and a 21 year old was also present and arrested. The 21 year old purchased the alcohol, although probably (I don't know for sure), they all pitched in to buy it. Is the charge of contributing to the delinquency of a minor valid for my son? The felony status seems extreme, and I'm wondering what the chances are that the prosecuting attorney will follow through with it. How do you recommend dealing with this? Is it a given that we need an attorney? We are not poor, but it would be a major challenge to pay for an attorney. Would my son qualify for a public defender? I figure he could reasonably plead guilty to posession or consumption of alcohol by a minor. Thank you for any advice.

Sorry to hear about your son's problems. It must pain you as a parent for sure...

I'm not sure how your son could be charged with contributing - you should look at the specific statute's wording and you should provide us with the code so we can analyze it. I would tell you that you should hire an attorney, a specialist in this area in the jurisdiction. Not only might he/she have a relationship with the prosecutor but this is one instance you cannot afford to take your chances - especially with your son admitting consumption. Your son's new life as an adult is about to start and you want it to be clean - and it's probably worth the price to do this right. I'd say you can take a risk in civil court where there is only money at stake. With misdemeanor's it's also a question of what they are and whether there is a case. I wish you and your son the best of luck.

 

[kalinka]

New Mexico Code

From NMSA 1978: "30-6-3. Contributing to delinquency of minor. Contributing to the delinquency of a minor consists of any person committing any act or omitting the performance of any duty, which act or omission causes or tends to cause or encourage the delinquency of any person under the age of eighteen years. Whoever commits contributing to the delinquency of a minor is guilty of a fourth degree felony."

Here's a link that leads to NMSA 1978:
www.conwaygreene.com/nmonesource/publicLicense.aspx?dest=cg

I'm wondering if my son's lack of opposition would constitute an omission of duty. Or, if one of the other kids says it was my son's idea or that he agreed with one of the others' idea to drink, then maybe he would be found guilty. Anyway, he has been arraigned, and we are waiting to hear when his court date is, within 60 days of 6/12. I might be confused about the process, and so might not be using the right terms.