My friend recently got arrested for underage drinking at our apartment complex. He was outside banging on the door when 5 cops approached him and handcuffed him. He was in no possession of alcohol nor was he acting intoxicated. The cops did not read him his rights when they handcuffed him and gave him no citation. Nor did the cops do any sobriety test or breathalizer. He had to call the police station the following day to find out what he was cited for. He is a pre law student with a 3.9 gpa and if convicted he will have to drop out of college because his family will not be able to afford for him to start college over again. What can he do? any information would be very helpful.
2006-12-09 05:39:09 · 9 answers · asked by sd1968 1 in Politics & Government ➔ Law Enforcement & Police
OK, well, if he got penned for it, what was the basis for it? There had to be some sort of grounds for it.
Did you know that having it IN your system IS possession?? You drink a beer.....you don't have it phsysically in your hands, anymore, but you better believe it is in your system....in your possession.
Why would your friend have to "drop-out" of school??? I've never known any jail time being served for MIP (minor in possession)...unless there are other circumstances surrounding it (more than one offense, etc). That would be the only thing I could think of that would prevent him from continuing school. And he wouldn't have to START OVER...just pick back up where he left off.
I know this isn't something you want to hear, but if you do the crime, you do the time. And...be lucky he didn't get popped with the noise he created, as well. A lot of cities have noise ordinances and maybe that is why they were called to the scene to begin with...someone complaining about the noise.
2006-12-09 07:04:04 · answer #1 · answered by retrowfmk 4 · 0⤊ 0⤋
First of all, what have been the instances of the arrest? Were you at a celebration wherein others have been ingesting? Were you running for your house stone sober? Were you extraordinary round with a 5th of whiskey for your hand? What have been the instances? Since there's no blood-paintings nor Breathalyzer, If I have been you, I could most likely plead 'now not responsible.' Of direction, the prosecutor can have a minimum of 2 law enforcement officials who will testify that you just have been under the influence of alcohol-as-a-skunk; falling-down-under the influence of alcohol; and a hazard to your self and others! Cops simply do that! In a truly courtroom quandary, you may also now not have the danger to exonerate your self by means of citing the blood-paintings or Breathalyzer. In the quality of instances, you could be ready to rent a legal professional who gets this complete factor thrown out of courtroom. If that's now not feasible, then act absolutely flabergasted that you just have been arrested/accused of underage ingesting. "Not me! I could by no means do that!" Good Luck!
2016-09-03 09:34:31 · answer #2 · answered by bachinski 4 · 0⤊ 0⤋
does he remember banging on the door?
Hindsight is 20/20. There are so many that have gifted talents, yet get caught up in things that they cannot manage to explain.
Your friend will have to find a way to express his shame and throw himself on the mercy of anyone that will listen.
Jails are full of very bright people who do things without regard to the consequences of the choice that they have made.
the choice to drink (underage) and then get caught
banging on an apartment door is perhaps not the best choice
the consequence may not be in line with the path he desired but if he is as smart as you think, he will find a way. Then no longer choose to jeopardize his future.
2006-12-09 05:50:04 · answer #3 · answered by Godis! 3 · 0⤊ 0⤋
In Pennsylvania an officer doesn't need to administer a breathalyser to prove someone was drinking. For someone under 21 the legal limit is .02% blood alcohol. If your friend was exhibiting signs of intoxication or had an aroma of an alcoholic beverage on his breath that is just cause to arrest him for under age. However if he was never given a PBT, or a breathalyser then he has a chance to fight it in court. Good luck.
2006-12-10 08:36:29 · answer #4 · answered by kgsult 2 · 0⤊ 0⤋
Perhaps your friend Matlock shouldn't have been drinking if he is not of legal age. You would think a pre-law student would no better. I find it hard to believe five cops would show up for someone who was not acting drunk. That doesn't make much sense. Tell him to calm, if it his first offense, his case will probably be continued without a finding if he stays out of trouble for a year and then be expunged from his record.
2006-12-10 01:06:30 · answer #5 · answered by big_albowski_0 1 · 0⤊ 0⤋
Maybe they saw him throw a beer can to the ground. It's a misdemeanor. No big deal.
2006-12-09 05:49:54 · answer #6 · answered by robertbdiver 3 · 0⤊ 0⤋
contact a lawyer in his area. If they could not tell him what he was arresting for, than he may have a case of harassment and violating his rights
2006-12-09 07:05:55 · answer #7 · answered by jennylo 2 · 0⤊ 0⤋
if he's a prelaw studen, he should surely know what to do
and why would he drop out of college for something he didn't do? that makes no sense.
2006-12-09 08:10:26 · answer #8 · answered by arus.geo 7 · 0⤊ 0⤋
your friend is not very smart . IT TAKES BRAINS
2006-12-09 06:51:03 · answer #9 · answered by michael f 2 · 0⤊ 0⤋