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  1. #1
    Join Date
    Sep 2008
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    3

    Default Possession of Alcohol Violation By a First Time Offender with No Criminal Record

    My question involves criminal law for the state of: New Hampshire

    Alright, just to start this off.

    I'm 20 years old, never gotten into an accident, had a speeding ticket, or have ever been arrested in my life.

    I am a college student in New Hampshire. I was outside with a backpack of beer, and two officers on a motorcycle drove up to me, and began questioning me. After talking for a minute, they asked me how much alcohol in the backpack. I truthfully answered a little, because there wasn't too much (amount doesn't matter, so who cares anyways), effectively giving them a reason to search? I wasn't looking to be witty, I just wanted to be fully cooperative.

    Anyways, I was arrested, but I was informed that this isn't a felony or a misdemeanor of any kind, it's a violation, and very similar to a speeding ticket. I had to pay $40.00 in bail, and I was given a court date.

    Now, here's where my questions come into play. Should I either:

    a) Get an attorney, and try to fight the charge? It's only one charge, I wasn't even drunk. I was polite with officers the entire time, never resisted and addressed all present officers with respect. My 21 year old roommate was with me, so I could say that the alcohol was his, and the officer would never be able to prove beyond the shadow of a doubt that it was mine. Additionally, I was never read rights, and I was unfairly asked condemning questions that lead to the officer's search. I didn't even give a reason for them to question me, as I was not stumbling around or anything. All I had on me was the backpack, filled with some beer.

    a) Go to the court date as planned, alone, and try to plea-bargain as a first-time offender? Given the fact that I have no prior record, I was extremely polite with all officers I interacted with throughout the course of the evening, I could emphasize that I firmly believe they should take leniency into consideration because of my situation. I could definitely admit that I am guilty, pay fines, and whatever else they ask, so long as the violation is taken off of my record (if possible) and I am never formally charged. The only thing I am worried about is my record, by the time this is said and done, I still want to be able to say that I've never been arrested (by record).

    I know it's possible. But, how?

    Thank you in advance for your suggestions. I will be checking back religiously, my court date is October 9th. And I am already aware of how to act in front of the prosecutor and judge, how to dress, etc.

    Thanks again!

    -Sam

  2. #2
    Join Date
    Mar 2007
    Posts
    9,096

    Default Re: Possession of Alcohol Violation By a First Time Offender with No Criminal Record

    Quote Quoting Sam L
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    a) Get an attorney, and try to fight the charge? It's only one charge, I wasn't even drunk. I was polite with officers the entire time, never resisted and addressed all present officers with respect. My 21 year old roommate was with me, so I could say that the alcohol was his, and the officer would never be able to prove beyond the shadow of a doubt that it was mine. Additionally, I was never read rights, and I was unfairly asked condemning questions that lead to the officer's search. I didn't even give a reason for them to question me, as I was not stumbling around or anything. All I had on me was the backpack, filled with some beer.
    The important part is the bolded part. YOU were in possession of the beer.

    When in doubt, getting the advice of an attorney is never a bad idea. However, for a citation around MIP, are you prepared to spend ten times the amount of the fine?

    Especially when you ADMITTED you had it?

    b) Go to the court date as planned, alone, and try to plea-bargain as a first-time offender? Given the fact that I have no prior record, I was extremely polite with all officers I interacted with throughout the course of the evening, I could emphasize that I firmly believe they should take leniency into consideration because of my situation. I could definitely admit that I am guilty, pay fines, and whatever else they ask, so long as the violation is taken off of my record (if possible) and I am never formally charged. The only thing I am worried about is my record, by the time this is said and done, I still want to be able to say that I've never been arrested (by record).

    I know it's possible. But, how?
    The judge will already know it was your first offense. He/she will take that into account.

  3. #3
    Join Date
    Sep 2008
    Posts
    3

    Default Re: Possession of Alcohol Violation By a First Time Offender with No Criminal Record

    Quote Quoting cyjeff
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    The judge will already know it was your first offense. He/she will take that into account.
    Makes sense, but as far as my record or driving record goes, what can I do or say to make sure it stays off? It's not an actual felony or misdemeanor anyways so what am I looking at?

  4. #4
    Join Date
    Sep 2008
    Posts
    5

    Default Re: Possession of Alcohol Violation By a First Time Offender with No Criminal Record

    did you get a letter in the mail!>?

  5. #5
    Join Date
    Sep 2008
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    3

    Default Re: Possession of Alcohol Violation By a First Time Offender with No Criminal Record

    Quote Quoting civic41
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    did you get a letter in the mail!>?
    No, nothing yet

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