I was in the sonic parking lot with my brother and a friend i threw a beer can out the window (stupid idea i kno) i'm 17 years old and have a felony record for theft i was charged with a minor in possion and a transporting open container i got off of probation about a month ago for my theft charge and i'm woundering if i'm gonna be put back on probation or what is going to happen to me any help would be greatly appriciated
2006-08-13 16:04:04 · 11 answers · asked by lilcoltlilcolt 1 in Politics & Government ➔ Law Enforcement & Police
lilcoltlilcolt
Level 1
what am i facing as a sentence?
I was in the sonic parking lot with my brother and a friend i threw a beer can out the window (stupid idea i kno) i'm 17 years old and have a felony record for theft i was charged with a minor in possion and a transporting open container i got off of probation about a month ago for my theft charge and i'm woundering if i'm gonna be put back on probation or what is going to happen to me any help would be greatly appriciated i wasn't driving and i wasn't doing anything wrong i just didn't want to have an open container in the car i'm sure that none of you can say u didn't drink when u were underaged
2006-08-13 16:16:08 · update #1
Charges vary widely depending on where your from. In NC for both charges you are most likely facing a fine and or community service. You should not be placed on probation unless you cannot comply with the community service and/or fines.
2006-08-13 17:03:56 · answer #1 · answered by nixinvestigations 2 · 0⤊ 0⤋
As long as you are off your probation you don't have much to worry about. If you are still under supervision of probation you may have a little to worry about but there is no hard time for littering and open container under provisions of ABC law. Both charges are a violation in most states or at the most an unclassified misdemeanor. You won't be put back on probation if you fullfilled your obligation. Double jeopardy doesn't exist but with your past you could face a maximum fine. In New York it would be 200.00. plus court fees of up to 95.00. The sonic parking lot, although private property to some degree is not considered private property if more than 3 vehicles can be parked there and is readily accessible to the public. This is why law enforcement can charge drunk people sitting in their vehicles in a parking lot. It constitutes a place readily accessible to the public. Don't waste your money on a lawyer until you see what the judge has to say. Be honest and appreciative to any advice he offers and most of all be respectful and polite. If things don't seem to be going your way then ask for an adjournment and then locate a lawyer or public defender. Don't sweat it. Good luck!
2006-08-13 16:49:08 · answer #2 · answered by okchico 3 · 0⤊ 0⤋
Its really hard to say, interview a few lawyers til you find a good one because thats what you're going to need. You should get some time so maybe you'll learn a lesson. A 17 year old should not even be drinking in the first place. Atleast if you're going to be driving and acting out of control the you shouldnt drink.
2006-08-13 16:11:54 · answer #3 · answered by Kristi A 4 · 0⤊ 0⤋
talk to a lawyer. a parking lot is considered private property in most places. when you go to court plead innocent and request a jury trial. they dont want a trial because theyre expensive, a lot of times charges will be dropped or reduced. were you the driver? who saw you throw the can? probation is a good moneymaker and they will stick as many people on it as they can. unless the sonic people called and complained, you might be ok.
2006-08-13 16:22:42 · answer #4 · answered by chris l 5 · 0⤊ 0⤋
An empty can may not be possession of alcohol.
The can was in the car and you threw it out.
Where did it come from?
Who knows-it is hot out and you leave your windows down all day.
Were there more cans?
Did you fail a sobriety or alcohol test?
Did you get a summory ticket or did they take you in for processing?
Ticket=Fine and suspension of drivers license.
Does not mater if you were driving or not.
Possession by minor=suspension
2006-08-13 16:42:02 · answer #5 · answered by Anonymous · 0⤊ 0⤋
depending on the judge could be probation, community service. I would say definately loss of license and substantial fine. It will also vary if you pay for a lawyer or get a pd
2006-08-13 16:43:32 · answer #6 · answered by watson4_27 2 · 0⤊ 0⤋
Most likely probation again... Insist that you will be immediately attending and completing ANY recovery program that the Judge suggests, like AA, NA or whatever. Do It. In addition, volunteer to the Judge, that you want to and will complete as many community service hours as he/she sees fit- as punishment and "re-payment" to society. Admit, to the Judge that you are an asshole.
2006-08-13 16:13:17 · answer #7 · answered by ••Mott•• 6 · 0⤊ 0⤋
You should be put away for a while so you'll learn your lesson. Get a taste of what it's like on the inside.
2006-08-13 16:10:13 · answer #8 · answered by framer_larry 3 · 0⤊ 0⤋
For one thing, that's littering and that in and of itself can carry a pretty hefty fine.
2006-08-13 16:10:59 · answer #9 · answered by Jay B 2 · 0⤊ 0⤋
depending on where you live it changes. but you'll probably just end up with a couple of fines to pay.
2006-08-13 16:17:15 · answer #10 · answered by Tod D 1 · 0⤊ 0⤋