Drug Crimes, Substance Abuse charged w/MIP NOT GUILTY!!!

[ronniemc29]

My jurisdiction is: CALIFORNIA

My jurisdiction is: California

HI!
so I'm a 20 year old currently going to UCLA. During the summer i was at a friends birthday party off campus, but still pretty close. Friends that i met at the party were taking me to my car, because i had to pick my sister up from a bonfire (which i have a text b4 i received the ticket stating my sister and a friend need a ride and it wasn't safe, at 11:30). While i was waiting in the car (passenger side) two police officers approached the party, and broke it up. After, they approached the car and told us to leave parties over, and we tried to explain to the cop that we're waiting for a friend to come out. Shortly after he approached the car again,and asked my friend sitting on the drivers side to step out. He had a beer can on him, but he was 21.
Then they asked me to step out, and told me to wait on the curve while they searched the car. one officer found a beer can outside the passenger door (which was not mine) and marijuana (also not mine) in the car.

I was charged with an MIP

I am going to fight this in court.

1) i want to know what should i say to the judge?
2) Should i show the judge the text clearly showing i needed to pick up my sister?
3) what are my chances of leaving the courtroom completely not-guilty?
4) should i get an attorney?

please help me!
i have never been in trouble with the law before, and i really don't know what to do?

 

[CdwJava]

1) i want to know what should i say to the judge?

If you want to fight the charge, then at the arraignment you say, "Not guilty." Then a court date will be assigned.

What code section have you been cited for?

2) Should i show the judge the text clearly showing i needed to pick up my sister?

Not at arraignment. Plus, how does that text message make it suddenly okay for you to be in possession of alcohol of marijuana? (since that seems to be the presumption made by the officers)

3) what are my chances of leaving the courtroom completely not-guilty?

No one can venture a guess.

4) should i get an attorney?

Probably. But, if the offense for which you have been charged is effectively an infraction and it does not effect your driver's license, then you might not NEED to have one. It would help if you indicate the section(s) for which you have been charged.

- Carl

 

[ronniemc29]

I was charged with 25668 (a) BLP MInor in poss of alcohol.
That's all i was charged with, the beer can wasn't mine.. it was a party and someone prob dropped the can in between the cars in the driveway when they saw the cops coming. Marijuana was found after i left to pick up my sister, another person was charged with it, and they told me after the incident.

They also took my thumbprint, do u think they finger printed the can? therefore showing my prints weren't on the can. So it would be dropped? A cop said " if i fingerprint the can your prints wont show up right?"
and i replied "yes, my fingerprints are NOT on the can"

AND THANK YOU FOR YOUR REPLY! i will get an attorney, and i didn't know about the later arrangement.

 

[ronniemc29]

reply to message above

I was charged with 25668 (a) BLP MInor in poss of alcohol.
That's all i was charged with, the beer can wasn't mine.. it was a party and someone prob dropped the can in between the cars in the driveway when they saw the cops coming. Marijuana was found after i left to pick up my sister, another person was charged with it, and they told me after the incident.

They also took my thumbprint, do u think they finger printed the can? therefore showing my prints weren't on the can. So it would be dropped? A cop said " if i fingerprint the can your prints wont show up right?"
and i replied "yes, my fingerprints are NOT on the can"

AND THANK YOU FOR YOUR REPLY! i will get an attorney, and i didn't know about the later arrangement.

 

[CdwJava]

I was charged with 25668 (a) BLP MInor in poss of alcohol.

This is for providing alcohol, not possession.

25658. (a) Except as otherwise provided in subdivision (c), every
person who sells, furnishes, gives, or causes to be sold, furnished,
or given away, any alcoholic beverage to any person under the age of
21 years is guilty of a misdemeanor.​

It is punishable as follows ... "any
person who violates this section shall be punished by a fine of two
hundred fifty dollars ($250), no part of which shall be suspended, or
the person shall be required to perform not less than 24 hours or
more than 32 hours of community service during hours when the person
is not employed and is not attending school, or a combination of a
fine and community service as determined by the court."

You may be lucky. If this was the charge and it is not amended by the time you go to trial, and they go to court and accuse you of possession and not of providing alcohol to someone under 21, then you should prevail.

That's all i was charged with, the beer can wasn't mine.. it was a party and someone prob dropped the can in between the cars in the driveway when they saw the cops coming.

Then you can argue this at trial as a defense. The state has to show beyond a reasonable doubt that you were in possession. Unless the officer saw you with the beer - or ANY beer (or standing next to one that you could easily pick up and control), then there should be insufficient evidence to show possession. Of course, if your breath wreaked of booze, then it makes any claim of not being in possession a weak one.

They also took my thumbprint, do u think they finger printed the can?

The thumb print was for ID purposes. I would be very, VERY surprised if they fingerprinted the can. I've been doing this for 18 years and I have never seen a can printed for such an offense.

AND THANK YOU FOR YOUR REPLY! i will get an attorney, and i didn't know about the later arrangement.

Yes. CVC 13202.5 states that the court "SHALL" suspend your driving privilege for one year if convicted of B&P 25658. So, consulting an attorney might be a good idea.

- Carl