Question on Possession/Consumption of alcohol by a minor

[thekid]

Hello, I am sixteen years old and I am wondering what the law about being read your rights is, and if you have any advice. A couple of nights ago I was at an underage "party" that got busted. Most people there did seem intoxicated. I politely gave the cops all my information, and when asked i told the truth and said that I had one shot of alcohol. I was never read my rights, or took a breathalyser, which in a case like this I don't know if that matters. I am charged with possession/consumption of alcohol my a minor. I did not have any alcohol on me at the time. I live in the state of Colorado. Do you have any advice or help you could possibly give me?

Thank you very much

 

[Scooterdog]

Next time say, " I want my lawyer". You're young, but you can see how they did this can't you? They talked to you to get you to CONFESS. Never, ever telling police anything will it help you. There job is to ARREST you, not help you.

Do you think police tell the truth? Hell no! They are trained in to do two things, intimidate and lie. I have a friend who is just about 50, and thought being "honest" with the police was best. HE HAS NO RIGHTS FOR THE NEXT YEAR.

Do NOT ever argue with a cop, no matter how wrong they are. I have scar's to prove this point. Don't confess, keep that mouth shut. Below I have posted a web site that explains how you should act, WATCH THESE, THEY MAY BE ALL THE HELP YOU NEED. Although they seem a little silly, look who made them.
http://www.flexyourrights.org/index.php

And here a few movie clips:

http://www.flexyourrights.org/busted/movie_clips

"We are all aware of the contents of the Miranda warning. It is recited on police shows everyday and can be repeated verbatim by most Americans, though often without a thorough understanding of its significance. In short, the Miranda warning is an acknowledgement of the criminal suspect's right to take what is always the best course of action for any arrestee: say nothing until you've spoken with a lawyer.

Still, the Miranda warning is frequently misunderstood as encompassing all lawful detentions by police. It should be noted that Miranda does not apply under the following circumstances:

1 Questions asked at a crime scene


2 Any statements volunteered by the suspect at any time


3 Questioning of individuals for fact-finding purposes


4 Questioning during an investigatory stop"

 

[thekid]

i realize now i made a bad decision in confessing. I still have two more questions. Once the party was busted it was happening in a big garage. i was in the garage once the broke the door and came in. i was questioned in the garage and they wouldn't let me out until i answered. Does the Miranda warning still not apply
here? Also if someone said they weren't drinking does the cop have the right to breathalyze them?

thank you again.

 

[Scooterdog]

Watch the video's. They were having a party at a house when the cops showed up. Watch and learn.

Your answer is # 1. 2 and 3 above. NEVER talk to a cop.

 

[thekid]

Thank you. I have one more question. Could i get free representation in this case?

 

[CdwJava]

i realize now i made a bad decision in confessing. I still have two more questions. Once the party was busted it was happening in a big garage. i was in the garage once the broke the door and came in. i was questioned in the garage and they wouldn't let me out until i answered. Does the Miranda warning still not apply
here? Also if someone said they weren't drinking does the cop have the right to breathalyze them?

Miranda applies when both custody and interrogation are present. If your state's circuit court of appeals has established that a detention under similar circumstances is the application of force equivalent to that of a custodial arrest, then any statement might be seen as tainted. This is something your attorney can look in to. There is no single answer as every such situation must be evaluated based upon the totality of the circumstances.

Whether CO law permits law enforcement to compel a minor to take a breath test when drinking is suspected, I cannot say. I know of only one state that has (or had) such a law, and that was being challenged last I heard. However, the officer does have a right to obtain evidence and the breath test is evidence, so depending on the status of the law in CO the officer(s) might be able to compel a chemical test.

Again, your attorney can evaluate all of this.

Are your parents willing to fork out for an attorney? It might be several times the cost of any fine you face, but they might still do it.

Perhaps a little greater common sense about where to hang out might be in order next time.

- Carl

 

[Scooterdog]

Thank you. I have one more question. Could i get free representation in this case?

Yes, if your family is poor. Court appointed, and you will be found guilty.

Depends on your judge in this case, if you have had other offenses.

They never had to read the Marana Warning, as you were not being arrested(although you were being illegaly detained), and you started talking. Nothing wrong with making this mistake. Government and govenment controlled schools have programed you to believe that a po-lice office is a person of "authority". No, they are nothing more than PUBLIC SERVANTS.

Now that you have the sites to check out, one even created by the former leader of the ACLU, you will know what to do. Three things to remember:

1-Never, ever argue with a cop! YOu can't explain law to people who are not capable of understanding it. You do your work in the court room.

2-Never, ever answer questions! Demand a lawyer, or to be arrested and immediatly be taken before the judge.

3-" Am I under arrest? Am I being detained? Am I free to go?" Remember that!

Good luck, and next time, have someone watch for the bullies in blue so you have ample time to get out!