MIP in California

[RobLyo]

Okay, so here is the situation:

I was at my friends house last night, chilling with my normal group of friends and I went to grab a beer from the fridge (I hadnt drank any alcoholic beverages before this) when apparently 4 police officers had entered the house. As I was getting the beer, an officer walked into the kitchen and told me to put the can down and sit in the front of the house. Now, the beer can was UNopened, but I was still cited for a 25662a Misdemeanor for MIP along with a few others. I am 18 y/o if that info is needed.

This is my first time ever having any problems with the law, no driving tickets, parking tickets, etc. I was fully respectful to the officers, but when I asked one of them what my rights were, he told me to "Be quiet".

I know pretty much nothing about how the court system works and law enforcement so I am basically looking for any information I can get. Was the entry of the 4 officers even legal if they didnt know for sure that we were underage? (They were sent for a noise complaint). How much is the fine going to be around? Am I going to get my license revoked for a first time offense? I asked the officers all of these questions, and they were completely useless. Funny how they can issue tickets, but not even know information about them

[Happy Trails]

You are getting charged with possession, the can didn't need to be open.

http://www.expertlaw.com/forums/showthread.php?t=42459

http://www.expertlaw.com/forums/showthread.php?t=34155

http://www.expertlaw.com/forums/showthread.php?t=13151

[RobLyo]

Okay so I understand that I was in possession of the alcohol, but I still dont understand how a license can be suspended if driving wasnt even involved. It isnt guaranteed that it will get suspended right? I will pay the fine as soon as I get it, but can I still get convicted and have my license revoked?

[Happy Trails]

If you are convicted, it gets suspended. If you read through those links, Carl has a lot of information in them.

[RobLyo]

Okay, I think I understand. Now can anyone give me a rough idea of what the court will be like? Are they going to be asking me questions about the night or do I just tell them my side of the story? Do I need to hire a lawyer or do I just go by myself? What should I confess to and what should I keep silent? Any info on that sort of stuff would be greatly appreciated, as I've never even seen a court house before, let alone been inside of one.

[RobLyo]

Okay so I went to court last Friday and this is how it played out...My buddy was the first to go (There were 3 of us there) and he pleaded Guilty to the MIP. The judge told him the fine was $975 and his license was suspended for a year. After he told the punishment, he was nice enough to let my buddy change his plea to Not Guilty...The problem is that all 3 of us are heading back on Friday and we are meeting up with appointed defenders to plead our cases. I have read this:

25662. (a) Any person under the age of 21 years who has any
alcoholic beverage in his or her possession on any street or highway
or in any public place or in any place open to the public is guilty
of a misdemeanor and shall be punished by a fine of two hundred fifty
dollars ($250) or the person shall be required to perform not less
than 24 hours or more than 32 hours of community service during hours
when the person is not employed or is not attending school.

But I'm confused as to why the punishment was SOOOO much worse than that? Should I print out the quote above to bring to court in case they decide to give me a punishment worse than that?