What happens if I challenge this charge and go to court?

Question

I'm contemplating challenging a charge of disorderly conduct for handing alcohol to a minor "creating a hazardous condition", by pleading not guilty and appearing before the magisterial district judge.

So what happens when I go to court? Do I just plead my case to the judge, and then he decides whether or not I have to pay it? Is that it?

My case is...

My girlfriend (the minor) only touched a bag with wine for only a second.

I really doubt the officers could have actually seen her touch it, based on where they were in relation to us as it happened.

And they were going to charge her with wanting me to get her wine and for giving me money to do so. Even though we both told them she never did when they first questioned us.

What do you think?

Then my girlfriend heard she could loose her license by pleading guilty to, possessing alcohol. And that I could possibly loose mine for challenging my charge. Could we? We only received fines and were ordered no court dates.

Answer 1

Sounds to me like the officer gave you a break... in my jurisdiction, providing alcohol to minors is about $700, a disorderly conduct is less than half that.

You never denied the charge, you just stated he couldn't see. You better be sure of your facts. The officer could have got a tip from someone inside the store, or from a customer that overheard something one of you said, and he may know more than you think he does.

If you contest this, they could amend the citation to providing alcohol, and you could be out.

You didn't say where you were from, but it is possible to lose your license on an alcohol charge, even if you are not in a vehicle. This is probably discretionary, and if you speak to the prosecutor, you may be able to strike a deal.

The bottom line, it is up to him to prove this happened. If you think he can prove it, you could be wasting your time. If there is nothing to prove, like you said, of course you should fight it. You are presumed innocent, he must prove you guilty.

As far as the attorney, you can probably find one that will give you a initial consultation free, but it may be more expensive than the tickets.

Answer 2

The possible penalties you would face generally do not increase if you plead not guilty -- however, if you were offered a plea bargain for a guilty plea, the possible sentence may be greater than what you were offered as part of the plea.

For a minor charge, where there is no possibility of jail time, then the case is usually just before the judge, and while you can bring your own attorney, the court will not appoint one for you free.

For a more significant charge, where there is at least some possibility of jail time, the court is required to provide an attorney if you cannot afford one. The trial may or may not be before just the judge -- depending on the rules of the jurisdiction and the seriousness of the offense.

The procedure is simple -- the judge will inform you of the charges and the possible sentence, then you enter your plea. The hearing on the facts/merits may take place then, but will probably be scheduled for some later time to allow you to prepare.

Whenever the trial hearing is, you show up with your witnesses and evidence, and after the prosecution has presented their case, you present yours. The judge or jury will then determine what happened, and what laws if any were broken.

Answer 3

Here's a scenario. My daughter's fourteen. Sometimes we shop together at the supermarket. If we're near the beer and wine section and I'm fussing with my toddler who's in the cart, and I ask my daughter to pick up an eight pack of Red Stripe (great beer!) and place it in the cart, have I "furnished her with alcohol"? (that's wording from the law here, in CA) The answer is, NO.

A prosecutor would have to prove that

a) The girlfriend was a minor AND
b) You accepted compensation (funds or otherwise) from her with the specific intent to purchase alcohol for her (just accepting the funds could get you a conviction!) or
c) You provided alcohol to her with the specific intent that she be able to consume it immediately or at a later time.

What you are gonna have to do is keep your d--n mouth shut. Now, if there is obvious proof (shopkeeper as a witness who saw you do whatever you did, such as accepting the money) then a no contest plea might be the shortest route to the end of the mess you're in.

A peace officer's statement of seeing you hand the girl a bag is only coincidental evidence because it does not prove your INTENT. You'd have to have a lot of coincidental evidence if there's no fact proving your intent, such as (this is hypothetical) if she had a paper cup in her lap when the officer saw her, etc. Other facts may prove intent, but this single element is not enough.

No proof of intent (also called mens rea) = no conviction. But you are gonna have to weight the facts that you are sure the peace officer will already know. Then again, if you don't receive a summons, obviously the case is too weak for the State (by way of the city attorney or D.A.) to try you for, so be looking to get your money back for the fines you've paid if that becomes the situation.

Best of luck... and be smarter man!

Answer 4

if u can prove that the charges were not throught by producing a witness, im pretty sure she can't loose her licence. but challenging ur charge without good preparation may cost u. i will advise to obtain the police to give u enough chance to prepare, like the officer's position(from what view), and statement he wrote against u.

Answer 5

guy you like some new friends. regardless of the incontrovertible fact that feels like the cop seen their strikes of carry the beer in the direction of your automobile. You perhaps waiting to get the charges dropped if the officer vouches for you. Did those 2 get charged with something a MIP?

Answer 6

I never lost my license. I received a minor in possession charge when I was 20. (alcohol) Dont fight it you will lose

Answer 7

That's what sleazy lawyers are for.Spend the money to talk to one ,He might be able to get reduced charges or just a fine.