Alcohol & Drugs: MIP, MIC, Intoxication Dist alcohol to minors....

[carvaggi]

I met up with some girls that one night, they are minors and they were outside their house late, past curfew. I brought my own drinks to hang with my friends; when I got there, it was only two girls that I knew, left.

An hour later, I had two shots, and then cops pulled up. I guess a neighbor had called them cuz we were... bothering them. Basiclally, they ran us through, they didn't say anything bout the girls drinking... they mainly didn't like the fact I was hanging with these girls, they were both 16 and I am 25... so yeah.. the cops couldn't be open minded enough to understand we are neighborhood friends and we were the only ones left from a group that night (its besides the point). So, their mom was just inside the house, so she came out... got the girls.. then left with them. These cops chewed me out a bit, mainly telling em I gotta be careful cuz the girls could accuse me of rape and what not... which I agree, but I know them well enough, we aren't strangers.

Anyway, so they chewed me out a bit, and threatened to take me to jail for the weekend, blah blah (note: the cops never mentioned why I would go to jail). I was getting a bit nervous cuz of all that talk so I was just going with the flow... I didn't feel like goin to jail that night! So, after that, they hand me a citation for distributing alcohol to minors, two counts! I looked at it and tried to think of when they asked me if these girls were drinking... they never did, in fact, they never said a word to any of us about them drinking, they were more concerned with the fact they were past curfew! I talked to the girls and their mom the next day and they tell me that the cops didn't mention a word, let alone ask questions, about the alcohol to them or the mom!

They asked me how much i was drinking, "I said two shots," one cop says," you had two shots and the girls drank teh rest of the bottle [laughing]," I said "no... the bottle is mine" I thought they understood what I meant, as in, the bottle is mine... I was the one drinking. I thought they understood until they gave me this citation with no prior warning. I guess they wanted to wait til the girls left so they couldn't make any statements denying it...

basically, I was drinking, the cops assumed the girls were too because... they were with an older guy... and thats what always happends.. w/e.

I need advice on whether I need to retain a lawyer, I really can't afford one... but I don't 100% trust court appointed lawyers. BUT, if the cops did sloppy work, then maybe I should go with the appointed lawyer.

Also, will the girls have to testify? I know they were there and they will testify, I just don't want the cops mistakes to inconvinience them or me any further. Their mom even offered to testify, she knows her daughters best.

Any further input would be great... a defense lawyer's point of view on this would be very helpfull. Thank you.

 

[Michael Wechsler]

I will say this much -- you write with a an attitude that you had better not show in court. It doesn't sound like you respect or take the law very seriously. You may have a different view of the law but what the officers said happens all the time with young girls. If you keep pushing it things just may happen being in the wrong place at the wrong time -- and I've seen it happen with closer relationships.

That said, it doesn't mean you are guilty. The cops will have to explain how you provided alcohol to minors and make their claim. Without doing so they will have a problem making the charge stick. Your good friends should show up for your defense if they are such good friends and that will probably help you greatly. A defense lawyer will not try to explain your actions as much as they will attack the ability of the officers to establish all elements of what you have been charged. If they cannot do so then the case is over right there and you won't have to present a defense... but you shoudl come prepared.

I met up with some girls that one night, they are minors and they were outside their house late, past curfew. I brought my own drinks to hang with my friends; when I got there, it was only two girls that I knew, left.

An hour later, I had two shots, and then cops pulled up. I guess a neighbor had called them cuz we were... bothering them. Basiclally, they ran us through, they didn't say anything bout the girls drinking... they mainly didn't like the fact I was hanging with these girls, they were both 16 and I am 25... so yeah.. the cops couldn't be open minded enough to understand we are neighborhood friends and we were the only ones left from a group that night (its besides the point). So, their mom was just inside the house, so she came out... got the girls.. then left with them. These cops chewed me out a bit, mainly telling em I gotta be careful cuz the girls could accuse me of rape and what not... which I agree, but I know them well enough, we aren't strangers.

Anyway, so they chewed me out a bit, and threatened to take me to jail for the weekend, blah blah (note: the cops never mentioned why I would go to jail). I was getting a bit nervous cuz of all that talk so I was just going with the flow... I didn't feel like goin to jail that night! So, after that, they hand me a citation for distributing alcohol to minors, two counts! I looked at it and tried to think of when they asked me if these girls were drinking... they never did, in fact, they never said a word to any of us about them drinking, they were more concerned with the fact they were past curfew! I talked to the girls and their mom the next day and they tell me that the cops didn't mention a word, let alone ask questions, about the alcohol to them or the mom!

They asked me how much i was drinking, "I said two shots," one cop says," you had two shots and the girls drank teh rest of the bottle [laughing]," I said "no... the bottle is mine" I thought they understood what I meant, as in, the bottle is mine... I was the one drinking. I thought they understood until they gave me this citation with no prior warning. I guess they wanted to wait til the girls left so they couldn't make any statements denying it...

basically, I was drinking, the cops assumed the girls were too because... they were with an older guy... and thats what always happends.. w/e.

I need advice on whether I need to retain a lawyer, I really can't afford one... but I don't 100% trust court appointed lawyers. BUT, if the cops did sloppy work, then maybe I should go with the appointed lawyer.

Also, will the girls have to testify? I know they were there and they will testify, I just don't want the cops mistakes to inconvinience them or me any further. Their mom even offered to testify, she knows her daughters best.

Any further input would be great... a defense lawyer's point of view on this would be very helpfull. Thank you.