I was hanging out with my friend and we decided to hang out at a park in Newport beach with some other people and e were sitting on a wall with alcohol behind the wall, my friend had one in his hand as he was going to throw it away but saw police and left it where it was, so when they walked up the beers were still where they had been in the first place, now to mention we are both minors and I had pot they didn't charge me for in fact I stomped on it and was let off for it, I also said I did not consent to any searches and was grabbed and searched as a result, now I was only given a ticket for open container possession in public is this worth fighting in court or should I make things easier and pay the fine? I do not want this on my record because I have priors but are now closed cases but I am afraid it will interfere with the current charge. This happened in Newport beach california.
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open container ticket as a minor but no public intox or alc possession
- Thread Starter jaco1234
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army judge
Super Moderator
Never plead guilty. Avoid breaking all laws. But, if charged, admit to nothing, remain calm, cooperate with the police, but remain silent about the charges. Appear in court, plead not guilty, hire a lawyer, or ask the court to appoint one to represent you. Minors aren't allowed to touch or even be around some things. Be smarter, don't be bold and flaunt the law in the face of the police. They see laws being broken, they must act. So, try to fix it as best you can. You don't want any convictions on your record. They'll haunt you forever.
mightymoose
Moderator
It did not matter that you did not consent. You were already caught in possession of contraband and already searchable as a result.
I'm not sure why you think you should fight this, but if you do there is at least the hope that the officer won't show for court.
I'm not sure why you think you should fight this, but if you do there is at least the hope that the officer won't show for court.
they did not catch me with the alcohol in my hand or even in possession of it and also did not charge me for the pot, is it not fight worthy in that sense?
Betty3
Well-Known Member
Talk to a lawyer to get the best outcome possible.
mightymoose
Moderator
You won't beat the alcohol charge. They don't have to catch you with it in your hands. As you describe it the charge is pretty solid.
You might have some luck minimizing the damage, but you won't likely go unscathed.
You might have some luck minimizing the damage, but you won't likely go unscathed.
CdwJava
Moderator
Possession is a crime of dominion and control, not ownership and as MM mentioned, you don't even have to have your mitts on it when they see you!
You are free to argue to the judge that you were minding your own business and just happened to sit down next to some open containers of alcohol ... he won't believe it, but, you are welcome to try that argument. Not to mention the fact that you do NOT know what the officer saw.
What code section were you cited for? Most open container violations will be treated as infractions, therefore you face a small fine. If under 18 you might also have to do some community service or take alcohol classes. An attorney will likely cost you many times more than the total fines and fees, but, if you really need to get a better roll of the dice, give it a whirl.
And, as mentioned, once you were busted for being in possession of the contraband, you were subject to search. The reason that he allowed you to dump the marijuana is that marijuana violations in CA can be more trouble than they are worth and he might have to write a separate report for the marijuana so it's clear he did not want to deal with that issue.
You are free to argue to the judge that you were minding your own business and just happened to sit down next to some open containers of alcohol ... he won't believe it, but, you are welcome to try that argument. Not to mention the fact that you do NOT know what the officer saw.
What code section were you cited for? Most open container violations will be treated as infractions, therefore you face a small fine. If under 18 you might also have to do some community service or take alcohol classes. An attorney will likely cost you many times more than the total fines and fees, but, if you really need to get a better roll of the dice, give it a whirl.
And, as mentioned, once you were busted for being in possession of the contraband, you were subject to search. The reason that he allowed you to dump the marijuana is that marijuana violations in CA can be more trouble than they are worth and he might have to write a separate report for the marijuana so it's clear he did not want to deal with that issue.
But i had not anything to do with the alcohol my friend had been messing with it and planned to throw it away i had not even touched it so he could not have seen me do anything with it and why would the judge not believe the truth? thats some fucked up shit they dont have me with an open container because i had already thrown one away, along before they arrived and there was 3 unopened ones that i had thrown away when they did arrive, also can they still bring up the marijuana in court although i wasnt charged.
CdwJava
Moderator
You do not NEED to touch it. All that is required is dominion and control. In other words, if you know it is there and CAN grab and drink it, that is constructive possession.
The way to avoid this is DO NOT HANG OUT WITH PEOPLE WHO ARE DRINKING (where it is prohibited).
And, yeah, when you go to arraignment they COULD charge you with the marijuana, but I would seriously doubt that will happen.
army judge
Super Moderator
I'm sure the judge will do the RIGHT thing. It won't matter anyway at this point. Just be smarter in the future. None of us here have any authority over you OP. So, as the others said, it'll soon be in the capable hands of the prosecutor and the judge. They're the ones you must convince. Our opinions are as meaningful as yours. Good luck, be smarter.
mightymoose
Moderator
With what you just provided here you made it clear that the charge is appropriate. You should feel fortunate that they did not also stick you with the marijuana offense.
If you don't want to be charged with possession of contraband then stay away from it.
mightymoose
Moderator
You DO NOT want to go into court and try to explain yourself as you have here. You will ensure the worst outcome if you do. Keep your yapper shut and let an attorney do the talking if you insist on fighting this.
Odds are you are only facing a fine and nobody will care what you have to say.
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