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Will I Go Back to Prison for This Underage Drinking

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  • 09-02-2010, 03:45 PM
    dlowz103617
    Will I Go Back to Prison for This Underage Drinking
    My question involves criminal law for the state of: Pennsylvania.

    I am 19 yrs old, i had a warrant out for my arrest for a year in a different county but i was not aware of it, they transferred my case to my county, and i recieved no papers or anything about having a warrant out. I am on adult probation. My friend was pulled over, i was in the car, the officer asked me if i had been drinking. I responded yes, however he did not breathalyze me, nor give me a sobriety test. I never signed anything. He then arrested me for my warrant. I did 20 days in county prison, i went to court, recieved time served and my probation was reinstated. I paid off all restitution, court costs and fines. Shortly after my release, i recieved my citation for underage drinking in the mail. My question is can i beat this charge? and if i cant, will they count this as my 2nd probation violation and lock me up again? It is innocent until proven guilty, right? So how can he prove i was drinking without any record?
  • 09-02-2010, 04:25 PM
    free9man
    Re: Will I Go Back to Prison for This Underage Drinking
    You cannot "beat" the charge. Your best bet is to have your lawyer, I assume you have one given your priors, negotiate with the DA to try and reduce the charge.

    I don't see where you had the first violation...or is that what the warrant was for? You went to court to settle the warrant, not the underage drinking charge. If you have no other violations, I would think this would be the first as it was the reason you got picked up on the warrant. So they can still lock you up on the new charge.

    Yes, you are innocent until proven guilty. He can prove you were drinking by testifying under oath that you admitted to him that you had been drinking. Case closed. You can try taking the stand and lying or accusing him of lying...neither will turn out well for you.
  • 09-02-2010, 07:16 PM
    dlowz103617
    Re: Will I Go Back to Prison for This Underage Drinking
    my warrant was for a missed appointment in 2009.. and that was my first violation, so im guessing they'll want to make this underage my 2nd violation? would fighting this hurt me? And yes i would have a lawyer represent me, im trying to gain some insight before i pay for one..

    "He asked me to get out of the car and sit on the sidewalk, while he breathalyzed the people i was with. and then told me i had a warrant for my arrest out in another county, and arrested me, i was not drinking, i did not recieve a sobriety test, and i found it very odd that he did not."

    Yea, i agree they would side with the police officer, seeing as how he is a cop, and im just a kid... but he took my cell phone and i went to the police department to retrieve it, where he told me he didnt take it...? But he IS the officer who arrested me, and took the phone out of my hands. Would it help if i had other people testify on my behalf? I dont like this guy, hes an asshole. This would be my 2nd underage, my first one was in 2008.

    How much time do you think i'd be looking at if i fought this and lost? ... 3-6months? 6-12?
  • 09-02-2010, 07:39 PM
    free9man
    Re: Will I Go Back to Prison for This Underage Drinking
    Testify on your behalf as to what? The only place you could use them without them perjuring themselves is as character witnesses at sentencing. In your original post you stated that you admitted you were drinking. Man up and face the consequences. If you believe he stole you phone, make a formal complaint to his department. The problem you will encounter is that it will look like sour grapes for being arrested, the same way it'll look if you accuse him of it in court.

    Why would they not believe him over you? It has nothing to do with the fact you're a kid outside of the charge. You admitted to the crime to him. You ARE guilty of the crime which you have been accused of.

    Fighting can't hurt ya..except in the wallet with attorney's fees. It's hard to tell how much time they'll give you.
  • 09-02-2010, 08:21 PM
    dlowz103617
    Re: Will I Go Back to Prison for This Underage Drinking
    yea ur right, but is it not all heresay? how can he prove what i had said?
  • 09-02-2010, 10:15 PM
    KeyWestDan
    Re: Will I Go Back to Prison for This Underage Drinking
    STOP RIGHT THERE.

    If you got a citation in the mail, then it is likely NOT a criminal offense. It is a civil infraction.

    There are two types of crimes: felony and misdemeanor. If you are not arrested and booked for the alleged underage drinking, then it is a civil infraction, a municipal ordinance viiolation.

    You can not have an attorney appointed for a civil infraction and you can't go to jail. The only penalty is a fine.

    You can NOT have probation or parole revoked due to a civil infraction.

    That is not to say the probation officer might not have you held in jail for a bit to scare the crap out of you or even try to revoke you until a supervisor or a judge puts a stop to it.
  • 09-02-2010, 10:15 PM
    aardvarc
    Re: Will I Go Back to Prison for This Underage Drinking
    He probably can't - but guess who has more credibilty, a police officer, or a young man with a criminal history?
  • 09-02-2010, 10:21 PM
    KeyWestDan
    Re: Will I Go Back to Prison for This Underage Drinking
    If it is criminal, you need an attorney to research the law in your state.

    Generally a passenger does not have to provide identification in a traffic stop and you might be able to go for a supression hearing to exclude your statement.

    I also doubt that your alleged statement is enough to prove underage drinking, but again, that would take a lawyer to research.

    However, that said, I still bet it is just a civil infraction and nobody here apparently reads nearly well enough or knows enough law.
  • 09-03-2010, 09:41 AM
    dlowz103617
    Re: Will I Go Back to Prison for This Underage Drinking
    i dont know i talkd to me lawyer nd he told me to plead not guilty, and that we'll talk about it...
  • 09-03-2010, 10:06 AM
    free9man
    Re: Will I Go Back to Prison for This Underage Drinking
    Quote:

    Quoting dlowz103617
    View Post
    yea ur right, but is it not all heresay? how can he prove what i had said?


    It's possible, I can't say for sure, that he may have an audio recording of it. If his cruiser is equipped with a newer dashcam system, the officer would have a portable mic on his belt that would transmit the audio of the stop to go along with the video. Many newer systems automatically come on when the lights/siren do so unless there was an override, and he used it, then they entire encounter is preserved.
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