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  1. #1

    Default Should You Hire a Lawyer When You're Caught with Alcohol

    My question involves criminal law for the state of: Virginia

    I am 18 and my boyfriend is 22. We were sitting on a bench at night time when cops came up to us and started asking us questions. He had an open alcohol bottle on him and more beers in his backpack, which one cop found after searching him. I was searched as well and had nothing. I was then given a breathalyzer test and blew a .031, which came from me having some of my guy's beer in a restaurant in another jurisdiction. The cop asked me if my boyfriend bought the alcohol and gave it to me, I was scared and worried for him and tried to say that I bought it (a mistake I'm really worried about now). He knew I was lying and got me to admit that he bought it. I didn't say that he gave it to me, though. I was charged with Underage Possession and my boyfriend was charged with Trespassing and being drunk in public.

    I was appointed a public defender, but am beginning to wonder if I should find the funds to hire a lawyer instead. My public defender has not told me what I should be expecting in the actual court case. All that she has said so far is that she doesn't think the cops had a valid reason to charge my boyfriend with trespassing. I plead not guilty. Do I have any grounds to stand on? Would I still be found guilty of possession in court?

  2. #2
    Join Date
    Nov 2007
    Posts
    1,419

    Default Re: Should I Hire a Lawyer and Am I Considered Not Guilty

    It's a minor charge yet still serious admiring that you drank the beer and the Breathalyzer is gonna make it hard to beat the charge ,court can be a slow and annoying process. Ask the pd if you can be enter in to a diversion program to avoid a conviction,if not it's probably just a fine. I think a hired lawyer and a pd is gonna get the some result,a hired one gonna cost a lot more. Maybe call a hired one for a consultation to pick their brain,it's weird that your bf got a trespassing charge and not you.

  3. #3

    Default Re: Should I Hire a Lawyer and Am I Considered Not Guilty

    Thank you. Is this something that I will have to mention on job applications? What is a diversion program?

  4. #4
    Join Date
    Jul 2012
    Posts
    100

    Default Re: Should I Hire a Lawyer and Am I Considered Not Guilty

    I believe I would hire a lawyer if I were in your shoes and I could afford one, because technically, you weren't in possession of alcohol. Technically, you were given alcohol by your boyfriend, so he really should have been charged with drunk in public, trespassing, and contributing to the delinquency of a minor. As for you, I think a more appropriate charge would have been underage consumption, which brings me to why you need a lawyer - underage consumption may not carry as stiff a penalty as underage possession, but you'll probably need a lawyer to have the charges reduced.

  5. #5
    Join Date
    Nov 2007
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    1,419

    Default Re: Should I Hire a Lawyer and Am I Considered Not Guilty

    Quote Quoting lawaholic
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    I believe I would hire a lawyer if I were in your shoes and I could afford one, because technically, you weren't in possession of alcohol. Technically, you were given alcohol by your boyfriend, so he really should have been charged with drunk in public, trespassing, and contributing to the delinquency of a minor. As for you, I think a more appropriate charge would have been underage consumption, which brings me to why you need a lawyer - underage consumption may not carry as stiff a penalty as underage possession, but you'll probably need a lawyer to have the charges reduced.

    Sometimes a paid can work out a better deal,underage consumption and possession sound like the same thing. Once the boyfriend gave her the alcohol she was in possession of it and admitting it makes it hard to fight. It's only one charge many times especially for a 1st time offender on a misdeamanor charge a general plea to a reduced charge is offered. The paid lawyer and pd are gonna get the same offer. Many times a paid lawyers works wonders but for one minor charge it really is a crap shoot.

    A diversion program is basically you stay out of trouble for a certain amount of time then the charge is dismissed,you might have to take a class or something. Also ask the lawyer if a diversion program is not involved if you can plead to a non criminal charge.

    - - - Updated - - -

    Quote Quoting afraidandunderage
    View Post
    Thank you. Is this something that I will have to mention on job applications? What is a diversion program?
    It depends on the questions most ask if you ever been convicted of something,which you can say no if the charge is dismissed. Thou sometimes the original charge will show up on a backround check then it will showed dismissed.

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