Alcohol & Drugs: MIP, MIC, Intoxication Underage Possession of Alcohol (Delaware)

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kram113

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I am looking for some advice on a strange case. I am a 19 year old New Jersey resident and I visted some friends in Delaware recently. I, along with friend, met up with one of my friends from high school. We ate dinner then he asked if I could drive him somewhere. He directed me to a strip mall with 50+ stores and told me where to park. He called me and asked me to pop my trunk so he could put some stuff in there (the back seat of my car was full of bags and clothes), so I popped the trunk from inside the car. I pulled up to where he lives to drop him off. He made a call and another man came to my car and my friend carried something out of my trunk back to his home and then came back. A cop pulled up and asked me to pop my trunk, so I did. There was a closed case of beer in there. Without targetting the friend who purchased the alcohol without my knowledge, I simply asked "Can whoever is responsible for this, please come forward." After several times of asking this and then speaking with my friend directly, he would not admit to buying the alcohol. He is a 18 years old and the DMV accidentally said that he was 21 on his license. The police confiscated his license, but he would not admit to the alcohol being his. All three of us were arrested. Me and my one friend were simply given a possession charge, but the other man was given several charges. The other man who walked up to my car, which I assume was to pick up alcohol, was not charged with anything.

In private, the man who purchased the alcohol appologized and even offered to pay our fines, but assured me that he could not admit to purchasing the alcohol because the charges would be too severe. After that, he was instructed to not speak to me anymore. Both me and my one friend plan to plead not guilty, for obvious reasons. The next day, I drove back to the strip mall to get some snacks at the Supermarket, and I took note of where he had me park. He instructed me to park several hundred feet from where the liquor store was, and he also had me park in a spot where I was facing away from the store so I would not be able to see it. The man who purchased the alcohol is facing many serious charges and is getting a lawyer. I have been threatened by people representing that man that if I don't get a lawyer, I will be going to prison. I know the threat holds no weight, but I fear that they will try to spin this case to make it my fault.

Does anybody have any advice? If there isn't enough information provided, I will be willing to answer your questions. Thanks.
 
I suspect the judge has heard that story before.




Standard answer

Here are some hints on appearing in court:

Dress professionally in clean clothes.

Do not wear message shirts.

Don't chew gum, smoke, or eat. (Smokers...pot or tobacco...literally stink. Remember that before you head for court.)

Bathe and wash your hair.

Do not bring small children or your friends.

Go to court beforehand some day before you actually have to go to watch how things go.

Speak politely and deferentially. If you argue or dispute something, do it professionally and without emotion.

Ask the court clerk who you talk to about a diversion (meaning you want to plead to a different, lesser charge), if applicable in your situation. Ask about traffic school and that the ticket not go on your record, if applicable. Ask also about getting a hardship driving permit, if applicable. Ask about drug court, if applicable.

From marbol:

"Judge...

You forgot the one thing that I've seen that seems to frizz up most judges these days:

If you have a cell phone, make DAMN SURE that it doesn't make ANY noise in the courtroom. This means when you are talking to the judge AND when you are simply sitting in the court room.

If you have a 'vibrate' position on your cell phone, MAKE sure the judge DOESN'T EVEN HEAR IT VIBRATE!

Turn it off or put it in silent mode where it flashes a LED if it rings. AND DON'T even DREAM about answering it if it rings."

(Better yet, don't carry your cell phone into the courtroom.)"


Here are seven stories that criminal court judges hear the most (and I suggest you do not use them or variations of them):

1. I've been saved! (This is not religion specific; folks from all kinds of religious backgrounds use this one.)

2. My girlfriend/mother/sister/daughter/wife/ex-wife/niece/grandma/grand-daughter is pregnant/sick/dying/dead/crippled/crazy and needs my help.

3. I've got a job/military posting in [name a place five hundred miles away].

4. This is the first time I ever did this. (This conflicts with number 5 below, but that hasn't stopped some defendants from using both.)

5. You've got the wrong guy. (A variation of this one is the phantom defendant story: "It wasn't me driving, it was a hitchhiker I picked up. He wrecked the car, drug me behind the wheel then took off." Or, another variation: "I was forced into it by a bad guy!")

6. I was influenced by a bad crowd.

7. I/my kid/my whatever has surgery scheduled.


http://forum.freeadvice.com/showthread.php?p=854687#post854687

Public defender's advice

http://newyork.craigslist.org/about/best/sfo/70300494.html


Other people may give you other advice; stand by.
 
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