Illegal Possession of Alcohol
My question involves criminal law for the state of: Virginia
The other night, a few of my friends and I went out for my friend's birthday in Virginia Beach. On the way to the beach, one of my friends was drinking in the backseat and there was an open container of alcohol. We were all underage. I pulled into a 7/11 so one of them could pull some money out for the club. I left the 7/11 and headed to the club which was a few blocks up the street. I forgot to turn my headlights back on(simple mistake) and we were pulled over. The police smelled alcohol in the car and took my friend out who was obviously drunk. He kept lying and saying that he has not been drinking when he obviously was. I wasn't drinking and nobody els in the car was drunk. I spoke to the police officer and let him know that I was in the military and I was being totally honest. He gave me a field sobriety test and determined i was sober. My friend was taken away to the precinct only because of the fact that he was lying. I didn't recieve a "charge" necessarily but I got 2 tickets for Driving w/o headlights and Illegal Possession of Alcohol because it was my car. I was told I could take everybody else home. I've never been in any trouble with the law and I know I was stupid for letting him drink in my car but I want to know if this actually a "charge" because i received a summons. I also would like to know what will happen to me most likely.
Re: Illegal Possession of Alcohol
If you got a summons you were charged. Illegal possession of alcohol is a misdemeanor which means you will get a criminal record EXCEPT that most judges will on the first interaction offer you a diversion where you take the alcohol classes and community service and probation and if you keep your nose clean they'll throw the charges out. You'll also likely lose your license for a period.
The driving without headlights charge is just a fine (it will be about $150 when costs are figured into it).
You were darned lucky you had not consumed any alcohol as the driver.
Re: Illegal Possession of Alcohol
Do you think I should get a lawyer?
Re: Illegal Possession of Alcohol
I'd call one local to the court you're charged in to see if he can tell you if such diversions are commonly granted. Most will be pretty frank as to whether you need their help or not. Alternatively you can talk to the court or the commonwealth's attorney before your court date. GDC judges unlike many others will often answer correspondence with such inquiries.
If you do go it alone, the good thing about GDC is that you have an automatic right to appeal and be heard de novo in circuit court. However, that's a real formal court compared to GDC, do not go there without a lawyer. The judges will not indulge amateur hour there.