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Attending a Nuisance Gathering and Possession of Alcohol

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  • 12-12-2009, 10:05 AM
    phiaphia24
    Attending a Nuisance Gathering and Possession of Alcohol
    My question involves criminal law for the state of: North Carolina

    Last night I went to a friends house, and obviously the people there had been drinking and the house had tons of beer cans everywhere, and alot of them were there from previous days because the house was given to him by his mom and hes the only occupant. But within 15 minutes of me being there the owner of the house left to the gas station and the cops ended up showing up and swarming the house. Being that I was the only sober one and the oldest, Im 19, I decided to be the one to go outside and talk to the cops because everyone else was young. I hadn't taken a sip of anything or picked up a can nothing and I was the first one detained. As everyone else came out about 10 minutes later, we were told that the cops were there because there was a complaint about the house being vacant and it was considered a Breaking and entering. The owner wouldn't come home and we had to wait for a search warrant and then they searched the house and found things. But before all that we all were asking for breathalizers and they would not give it to us. As they finished searching the house they gave us 2 citations for attending a nuisance gathering and possession of alcohol because of the amount of beer cans in the house. As I was getting my ticket I asked again why didnt you give us a sobriety test or a breathalizer and he said because we arent charging you guys with consumption, but then said he saw a bunch of people sitting on this futon and pointed to it, drinking. Mind you all the kids in the house were atleast 16 or 17 years of age, and so they waited till about 3 1/2 hours later and didnt do anything but give us citations for things that we all wouldnt be able to get out of.
    I also am currently in the first offenders program and I am not allowed to get in trouble for 6 months and I am scared that this is going to bring my felony charge back for Felony larceny( because the sensor was removed), because its stated that your not allowed to get anything but traffic violation. What can I do because I was the oldest and first one out of the house to talk to the police officers and the only sober one there who hadnt drunken anything, and also one person was given a breathalizer and no one else. Is there any way out of this if i get my lawyer to handle it, so It doesnt affect my other charges?
  • 12-13-2009, 07:09 PM
    Mr. Knowitall
    Re: Attending a Nuisance Gathering and Possession of Alcohol
    You should call the lawyer who assisted you with your felony to try to find a way to salvage your situation.
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