Alcohol & Drugs: MIP, MIC, Intoxication minor in posession

[jdb9h]

My friend (seriously!) was arrested for posession at a Richmond hockey game. He was holding his friend who is over 21's beer for him and did take a sip of the beer which a security officer saw and who then proceeded to arrest both of the boys. Obviously, he was guilty because he did have the beer in his posession, but my question involves what happened after he was arrested. He is over 18 and yet the cop called his parents...is that allowable or is there a defense he could use to maybe get a more lenient sentence or something because the cop violated procedure? Since my friend is not a minor, it appears that he was still treated as one. Also, could you give me some idea of what the penalty for this charge would be and any defense that may help him in any way? Thank you!

 

[Michael Wechsler]

A call to his parents after the offense doesn't change the nature of the statute that was violated by your friend. At the worst, I would think that it might get the cop reprimanded but it would be a "lame" defense at best. After all, if someone tried out that excuse on you it is likely you'd laugh the person out of the room -- does calling his parents change the fact that he was caught drinking from a "friend's" beer? I have no idea what state you are from (Richmond is in NY as well as VA and several other states) nor the charge. It's difficult to establish a defense when you are literally caught in the act and have limited info in a brief post...