Alcohol & Drugs: MIP, MIC, Intoxication proving alcohol was not mine/not in my possession

[smthach92]

ok so i was in santa barbara halloween weekend and i was carrying a backpack full of clothes and my friends' stuff and my stuff in it. unbeknownst to me, my friend had put beer in it. as we were walking around the streets one of my other friends (who was hammered) started stumbling around and in fear of him getting arrested, i threw my backpack down and ran to go pick him up. upon lifting him up, an officer noticed that i had thrown the backpack and, suspicious, searched its contents where he found a 40 oz of mickeys along with my clothes and school stuff and other various items my friends had put in there (i.e. wallet, phone, sunglasses)..
he wrote me an MIP ticket and i plead NOT GUILTY at the arraignment but didn't realize i could ask for a public defender for my case.
1. can i still have a public defender appointed to me at my trial?
2. how can i prove that it was not in my possession?
3. what are the consequences? (i read it's only a base fine of $250, not total)
4. if "not mine" doesn't work, what are other viable defenses against the charge?

 

[jacksgal]

1. can i still have a public defender appointed to me at my trial?
You can certainly try
2. how can i prove that it was not in my possession?
You can't it was in your possesion even if not yours
3. what are the consequences? (i read it's only a base fine of $250, not total)
Not sure any Attorney can give this though with a simple call
4. if "not mine" doesn't work, what are other viable defenses against the charge?
Plea deal

 

[army judge]

MIP charges are specific intent crimes that offer very little ability to assert you didn't know.

In Texas for example, a person not 21, is not even allowed to touch or much less hold an empty beer can, liquor bottle, empty beer bottle, or any vessel that once contained any alcoholic beverage.

These are also strict liability crimes.

If your trial is imminent, simply appear when required and ask the court if you can be heard (when you are called).

Advise the court that you have been unable to retain counsel due to your lack of finances (provide a reason or reasons) and request court appointed counsel.

 

[army judge]

Oh, one more thing that you need to make clear to your attorney is how this event went down.

Your way out of ths isn't to affix blame on another reason.

The problem fr the state will be proving the search was legal.

From what you say, it wasn't.

This is an easy illegal search case (IV amendment stuff).

But, if you've blabbed too much already, they may still have you by the old gonads.

Next time, don't talk, don't try to explain, just name, rank, serial number, and I want a lawyer, please.

Then stop talking.

Talking never helps.

If they're asking questions, someone is headed to jail.

Don't talk, it may not avoid your arrest, but it always helps at trial.

Never argue, debate, or resist the police.

They won't tolerate that, and they have a remedy to such behavior.

You also catch another charge.

The best remedy is don't break the law.

The next best remedy is use your right to remain silent.

Name, rank, and serial number; and always ask for a lawyer!!!

 

[CdwJava]

What code section were you cited for?

These are most often charged as infractions and as such no public defender will be provided.