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  1. #1
    Join Date
    Jan 2007
    Posts
    4

    Default Underage consumptions and open container

    In October my friend and I were stopped at his college. He had an open beer and handed it to me, right when he handed it to me two officers (one car) came up and stopped us. They gave me a ticket for underage consumption and open container in public. They gave him the same two charges and providing alcohol to a minor (I'm older than he is)though that was later dropped. One of the officers called my friend the next monday and told us to plead not guilty when we went the first time. We did so and got rescheduled for a trial. The officers told us the greater charge would probably be dropped and we would just have fines and court fees.

    Is this what will probably happen? He also told us there might be a probation period for us. I'm just trying to get insight on what might happen since the officer called my friend and not me.

  2. #2
    Join Date
    Jan 2007
    Posts
    4

    Default Re: Underage consumptions and open container...

    It was in Delaware if that matters. My friend is also out of the country and had his trial pushed back to Feb.

    Also, the first court date was a bunch of kids that got busted that same night or weekend. A bunch of us in the room with the judge. It will be the same here or just me with the judge?

  3. #3
    Join Date
    Jul 2006
    Posts
    5,437

    Default Re: Underage consumptions and open container...

    Standard answer

    Here are some hints on appearing in court:

    Dress professionally in clean clothes.

    Do not wear message shirts.

    Don't chew gum, smoke, or eat. (Smokers...pot or tobacco...literally stink. Remember that before you head for court.)

    Bathe and wash your hair.

    Do not bring small children or your friends.

    Go to court beforehand some day before you actually have to go to watch how things go.

    Speak politely and deferentially. If you argue or dispute something, do it professionally and without emotion.

    Ask the court clerk who you talk to about a diversion (meaning you want to plead to a different, lesser charge), if applicable in your situation. Ask about traffic school and that the ticket not go on your record, if applicable. Ask also about getting a hardship driving permit, if applicable. Ask about drug court, if applicable.

    From marbol:

    “Judge...

    You forgot the one thing that I've seen that seems to frizz up most judges these days:

    If you have a cell phone, make DAMN SURE that it doesn't make ANY noise in the courtroom. This means when you are talking to the judge AND when you are simply sitting in the court room.

    If you have a ‘vibrate’ position on your cell phone, MAKE sure the judge DOESN'T EVEN HEAR IT VIBRATE!

    Turn it off or put it in silent mode where it flashes a LED if it rings. AND DON'T even DREAM about answering it if it rings.”

    (Better yet, don’t carry your cell phone into the courtroom.)”


    Here are six stories that criminal court judges hear the most (and I suggest you do not use them or variations of them):

    1. I’ve been saved! (This is not religion specific; folks from all kinds of religious backgrounds use this one.)

    2. My girlfriend/mother/sister/daughter/wife/ex-wife/niece/grandma/grand-daughter is pregnant/sick/dying/dead/crippled/crazy and needs my help.

    3. I’ve got a job/military posting in [name a place five hundred miles away].

    4. This is the first time I ever did this. (This conflicts with number 5 below, but that hasn’t stopped some defendants from using both.)

    5. You’ve got the wrong guy. (A variation of this one is the phantom defendant story: “It wasn’t me driving, it was a hitchhiker I picked up. He wrecked the car, drug me behind the wheel then took off.” Or, another variation: “I was forced into it by a bad guy!”)

    6. I was influenced by a bad crowd.

    http://forum.freeadvice.com/showthre...687#post854687

    Public defender’s advice

    http://newyork.craigslist.org/about/.../70300494.html


    Other people may give you other advice; stand by.

  4. #4
    Join Date
    Jan 2007
    Posts
    4

    Default Re: Underage consumptions and open container...

    We were walking when it happened so I'm guessing the traffic school is out of the picture. I go tomorrow morning and its an hour drive there so I can't see how it goes. I've been to court before for speeding tickets so I know how to act and dress.

  5. #5
    Join Date
    Jan 2007
    Posts
    4

    Default Re: Underage consumptions and open container...

    Also, at the time the officers stopped us, the officer who took my information gave me a breathlyzer. The officer who took my friends information didnt give him one at all.

    I blew a .124 or something in that area which he didnt write down but said it was just to make sure i was okay and didnt need to go to a hospital. He might've wrote it down on the ticket but you can't see anything he wrote on my copy besides the court and time because i told him i couldnt even see that. Would it make a difference if they wrote it down or not?

  6. #6
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Underage consumptions and open container...

    The officer probably has a pretty good idea of what happens in the local court system. Beyond that, your best bet would be to ask a local criminal defense lawyer.

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