Minor in Possession and Contributing to the Delinquency of a Minor in Arizona

[James6891]

My question involves criminal law for the state of: Arizona

I have no previous criminal record. I had a party with 10 people and the cops came. Everybody left except for 1 (who got caught) and blew a .01. I blew all zeros! I was still charged with minor in possession because beer was at the house. I was also charged with contributing to the delinquency of a minor because one person blew that .01. I am 18 so I am worried its going to be on my record forever. I have been researching and when I go to court I need to prove I am a good student and other stuff. I dont know how I should approach the court room, should I plead guilty, take a plea, try to get a diversion program. The diversion program sounds like the best idea but how do I go around asking for that. I am completely new to this whole situation so if you could give your opinion on how serious these charges are that would be great.

[PTPD22]

The fact that you blew zeros is irrelevant to the charge. You were charged with possession, not intoxication. You are underage, and in a place where you (and everybody else there) had possession of alcohol. The fact that it was a residence for which you had dominion and control makes it pretty much of a slam dunk. Since your friend had alcohol in his/her system, and the circumstances make it apparent that he/she consumed that alcohol at a place where you had dominion and control, it is a pretty easy case for contributing, too.

That you have good grades, are a choir/altar boy, volunteer 7 days a week at the homeless shelter, help little old ladies across the street, or love puppies and horses is all irrelevant in defending yourself against either/both of these charges. However, showing a history of good behavior (like your grades) might well help convince a prosecutor that you are a good candidate for a diversion program or other deferred prosecution. Contact the prosecutor's office and inquire about this possibility before your court date. Entering into a deferred prosecution means pleading guilty to the charges with an agreement with the prosecutor regarding sentencing. Typically, the judge will sentence you to a standard sentence for the charges, then suspend the sentence with conditions. Expect the conditions to include some or all of the following: lawful behavior for a specified time (expect at least a year - this one is guaranteed), no alcohol/drug consumption, an alcohol/drug assessment (an evaluation by a professional to determine if you have a substance abuse problem), attendance in a substance abuse treatment program (alcoholics anonymous, etc - depending on the results of your assessment), attendance in some program intended to educate you about the consequences (both to yourself and others) of substance abuse, attendance in a victim impact panel, and/or a specified number of hours of community service. If you complete the conditions, the sentence goes away and, possibly, the conviction is vacated. If you fail to live up to the conditions, even once, the sentence is imposed in full.