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Underage Possession Charge

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  • 06-07-2008, 03:01 PM
    bluedrop221
    Underage Possession Charge
    My question involves criminal law for the state of: Virginia

    Ok, so I was at my friend's apartment, and I saw another one of my friends outside of the apartment door. She was leaving, so I went to say goodbye to her. I was talking to her, when I saw an officer coming down the stairs to my right (the stairs are between 2 buildings, so the stairs are OUTSIDE). I had a solo cup in my hand about 1/3 full of beer.

    I'm 19, so I definitely didn't want to get caught. I also knew that if I ran, it would be even more suspicious. So I turned and WALKED inside. I pushed the door as I walked back inside because when it gets past a certain point, it slams by itself.

    My other friend that was outside said that the officer ran at a full sprint into the door as it was closing.

    I put down my cup on the kitchen counter and kept walking. I head a slamming noise behind me, but thought it was the door closing. I kept walking, when all of a sudden, someone put me in a headlock from behind and dragged me back outside of the door I had just come through. I lost both my shoes because of how forcefully I was being ushered back out.

    When I got back outside, the officer shone his flashlight in my face and said, "Dont run from me when I tell you to stop!"
    I said, "Officer, I honestly didn't hear you say anything." (And I hadn't!!)

    To shorten the rest, I blew a .085 and I got an underage possession charge and I have to go to court on June 23rd.

    I was wondering if it's worth getting a lawyer for this. I don't want to seem like a little baby and bring in a lawyer and try to accuse the officer of using unnecessary force against me when it won't get me anywhere. Any advice?
  • 06-09-2008, 06:36 AM
    Mr. Knowitall
    Re: Underage Possession Charge
    I think you're lucky the officer is not contending that you ran when instructed to stop and intentionally slammed the door into him, or with attempting to evade lawful arrest.

    What a local criminal defense lawyer can tell you is whether you may be eligible for any first offender programs, or other dispositions that might allow you to avoid a conviction and protect your driver's license.
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