Dorm Residents Charged With MIP Due to Mere Presence of Alcohol

[ILOVEPONIES]

My question involves criminal law for the state of: Colorado

Currently students in the wrong place at the wrong time. A friend was in our dorm room who was of age and had alcohol, as well as some alcohol from other sources. campus police nocked on the door and entered. Those that were 21 who were consuming alcohol were sent home with a warning, but the rest were given MIP's. Most of the MIP's were a first offense. Even though those of underage were not consuming alcohol it is still written on the citation, could we plea guilty to only possession and not consumption? Also what would be a guess of what the sentences would be? Your help is greatly appreciated!

[Mr. Knowitall]

If you're claiming that you're not guilty, you're claiming that you consumed no alcohol, and you're claiming that the alcohol was in the possession of >21yo adults (not the actual or constructive possession of minors), why would you plead guilty to anything? As several of you appear to have been charged, I suggest collectively consulting a criminal defense lawyer with the details.

[cdwjava]

If the over 21 folks brought alcohol into the dorm and it was in such a place (likely anywhere in the room) that those under 21 had access to it, then the MIP would appear to be valid. If the 21 year olds had it in backpacks or bags and never let it out of their immediate possession - even to ass around the room to others - then an argument might be made.

This tends to be an offense of dominion and control, not ownership.

What code section was cited?

[adjusterjack]

Currently students in the wrong place at the wrong time. A friend was in our dorm room who was of age and had alcohol, as well as some alcohol from other sources. campus police nocked on the door and entered.

Who do you think you are kidding?

If it wasn't for the raid you under-age people would have been drinking along with the 21 year olds.

[RandallCS]

Who do you think you are kidding?

If it wasn't for the raid you under-age people would have been drinking along with the 21 year olds.

Why do you feel the need to do this? It's really not helpful.

[eerelations]

Why do you feel the need to do this? It's really not helpful.

Why isn't it helpful? adjusterjack is just showing you how officials will react when you present this lame-sounding excuse to them. (And before you get upset again, please note that I said "lame-sounding" not "lame" - while it's entirely possible that absolutely none of the under-21s had any intention whatsoever of drinking any alcohol that evening, the odds are that this is quite unlikely. That's how the officials see it, and that's what adjusterjack was trying to convey to you.)

[RandallCS]

Why isn't it helpful? adjusterjack is just showing you how officials will react when you present this lame-sounding excuse to them. (And before you get upset again, please note that I said "lame-sounding" not "lame" - while it's entirely possible that absolutely none of the under-21s had any intention whatsoever of drinking any alcohol that evening, the odds are that this is quite unlikely. That's how the officials see it, and that's what adjusterjack was trying to convey to you.)

You're both projecting and making a lot of assumptions. Even if you're probably right, you're not definitely right, and it adds nothing to the conversation.

Thread after thread of people who come here looking for help devolve instead into receiving unsolicited chastising. Folks who find this site are probably already dealing with difficult situatioins, and there's a few members here who cant seem to resist kicking others while they are down. There's tactful ways to get a point across, and then there's the "ExpertLaw" method. I just don't understand the incessant need to troll newbies who show up looking for help, especially by members who seem otherwise quite mature. Abiding by the golden rule a little more often could make a very positive difference in the overall tone of this place, in my opinion.

[joef]

A lot, maybe most, folks who come here are in the position of I got caught doing X, now what secret trick is there for avoiding the consequences? The senior members are honest and forthright and tend to have the attitude of "if you do the crime, do the time". IF there is a glaring weakness in the procedures used or potential evidence, they WILL step up and point that out, holding the police and prosecution to the appropriate standards. Most of the time, based on visitor's explanation, there are no legal issues with the case, they got caught fair and square.

The constant stream of "I want to get off Scott free" gets tiresome after a while. They are volunteers after all donating their time for free, please give them a break.

[eerelations]

A lot, maybe most, folks who come here are in the position of I got caught doing X, now what secret trick is there for avoiding the consequences? The senior members are honest and forthright and tend to have the attitude of "if you do the crime, do the time". IF there is a glaring weakness in the procedures used or potential evidence, they WILL step up and point that out, holding the police and prosecution to the appropriate standards. Most of the time, based on visitor's explanation, there are no legal issues with the case, they got caught fair and square.

The constant stream of "I want to get off Scott free" gets tiresome after a while. They are volunteers after all donating their time for free, please give them a break.

like button

[RandallCS]

A lot, maybe most, folks who come here are in the position of I got caught doing X, now what secret trick is there for avoiding the consequences? The senior members are honest and forthright and tend to have the attitude of "if you do the crime, do the time". IF there is a glaring weakness in the procedures used or potential evidence, they WILL step up and point that out, holding the police and prosecution to the appropriate standards. Most of the time, based on visitor's explanation, there are no legal issues with the case, they got caught fair and square.

The constant stream of "I want to get off Scott free" gets tiresome after a while. They are volunteers after all donating their time for free, please give them a break.

This is a terrible location for this discussion, but I see your point and it is a very good one. Personally I am inclined to have the same reaction to anyone offering something that looks like an excuse. I'm all for getting to the point and cutting through the BS backstory/sob stories.

However, please consider there are people in legitimate trouble through no fault of their own who will come here looking for help, and inevitably mistakenly get swept into your pile of of those looking to get off scott free for doing the crime. Senior members here are quick to judge people without all the facts and apply biases without knowing all the story. It's the superfluous bits of snark, and, "I know what was going through your head" or, "you were probably actually doing this" that I just don't get. Supplementing your advice with extra BS like this, in my opinion, is just as bad if not worse than people prefacing their questions with excuses and irrelevant back story.

Sorry to press this issue. I'm very quick to judge and have little tolerance for what I consider stupid behavior, but my wife is a social worker, and the best lesson I've learned from her is you can't ever know what's going on in someone's life thats making them act the way they are acting. So if you want to avoid realizing later what an a55hole you were, its prudent to give people the benefit of the doubt. My point being that occasionally you all are probably really beating up on someone who is already having a rough time.

In instances like the one above, where Senior Member plays the role of hypothetical officials in order to predict their reaction to someone's poorly worded internet defense, for the purpose of giving an unsolicited demonstration as to how stupid OP sounds, I just can't see how it could help the OP. I can see how it could hurt them. You all are bound to be wrong sometimes, and it's not your place to be doling out life lessons. Most of the real idiots you're describing above are already about to learn a much more serious lesson than they can get here anyway.