Minor in Possession, Failure to Appear

[viol8te]

Let's see if he includes that with advice the "guys" gave him.

[PandorasBox]

And because he has a prior....he won't be being offered a diversion.

Don't be shocked if THIS is what happens (aside from suspended license for 6 months; and once you have your license back, your insurance rates increase):
- Court fees and fines.
- Alcohol Education Class for $400-500
- Don't be shocked if they send you for fingerprints and mugshot.

If you lie in court....don't be surprised if the judge adds a Felony Perjury charge. And that will also make its way to U.S. Immigration.....and may prevent you from returning to the country.

[Who'sThatGuy]

And I wonder what laws he is breaking back home in Sweden as well of the charges associated with reporting a government issued document stolen/lost that was presented in a criminal situation in another country?

Not only will he have a criminal record in the U.S., he will also have one in Sweden.

[PandorasBox]

Yep. Looks like that $100,000 education is just gonna be a very expensive and useless piece of paper....

[lajjvi]

I spoke to a lawyer today, and he told me that the if the cop shows up, I have a low chance of getting the restricted license instead of a suspended license. However, the chances of a a perjury charge or any other severe charges are very slim if the cop shows up and points me out. We are going to build a case, but he assured me that in worst case scenario I will be charged with a misdemeanor, suspended license for a year and a fine of no more than $500.

He told me if I plead guilty, the best outcome would be a restricted license, reduced to a misdemeanor and fine up to $500 and DMV fees.

I feel a lot more comfortable with a lawyer since he knows the legal system very well and knows how to build a case and tells me what I have to say and what not.

He also told me that deportation was not an option and I should not be afraid of any immigration/visa issues. So, for the time being I'm safe and I can focus on my Engineering studies.

Any other advice you guys might give? What do you think of me contacting this lawyer? Does the thing he said sound like it has some truth in it or...? He has 20 years of experience and specializes in DUI/MIP and traffic cases in general. Court date set end of January, bail set to $225 3 days before court date.

[Who'sThatGuy]

I think your heading down the right path now. If the officer shows for court and you have a defense of "it wasn't me", your in for more trouble then you think.

I think what your lawyer is trying to do - if the officer doesn't show for court, is take a plea bargain. That plea would be - you plead guilty in exchange for a "limited license" instead of a "total loss of your license". The court may just except your officer to get your case resolved in a timely manner. Maybe a plea will work even if the officer shows for court.

[PandorasBox]

Much better than not appearing in court, and much better than lying in court.

[cyjeff]

Wait, I am confused.

Are you saying that your attorney recommended you lie in court since the chances of being found out were slim?

[quirkyquark]

We are going to build a case, but he assured me that in worst case scenario I will be charged with a misdemeanor, suspended license for a year and a fine of no more than $500.

That is the MAXIMUM statutory punishment for a second MIP. You need to ask him what kind of plea deal he usually gets clients in similar situations. Sounds like he's not giving you a most probable outcome, which he SHOULD be able to do with his claimed experience and clientele.

He told me if I plead guilty, the best outcome would be a restricted license, reduced to a misdemeanor and fine up to $500 and DMV fees.

That's his "best outcome"? "Reduced" to a misdemeanor? It already is a misdemeanor!! Maximum fine is $500!! If you intend to work in engineering in the US, you don't want the misdemeanor record if at all possible. Let your lawyer know that in explicit terms.

He also told me that deportation was not an option

Nobody said you were at risk of being deported due to the MIP --- perjury (the whole ID story) is a different...story.

What do you think of me contacting this lawyer? Does the thing he said sound like it has some truth in it or...?

See comments above. If you haven't retained him already, ask around.