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I recently received a minor in poessession in CA that was not my fault. I want to plead non gulity, but how?

My friends and I were drinking in a parking lot outside of our cars. The cops came and we all ran, but before we ran my friend put a case of beer in my car. Eventually we all got caught and I got charged with a MIP. What should I do? It was not my fault at all and I got charged with it...this is the last thing I need right now and I cannot pay the fines or get my license suspended. I want to request a public defender, do you think I can get off of the charge completely? I'm willing to do community service, but only if it is necessary...I am truly innocent after all.

Update:

Wow I didn't realize people were so cynical here. Let me share some more, first off I am nineteen. Second the officers did not know or see me with alcohol. I even volunteered for a sobriety test so I could drive home, but he would not administer one to me. Like I said before I just ran. Please don't judge me by comparing what you do in your life to what I do in my life. I am content with it, and am just seeking advice. Lives are like snowflakes everyone one is different...respect it.

Update 2:

Also keep in mind that EVERYONE there had ingested alcohol, but I was the only one with the MIP. I'm not saying that I was innocent of not drinking, but that I was innocent of the reason which I was charged for. The beer in the car.

Update 3:

Sorry for so many updates, but I want to change the image you guys have on me. I do good in life, don't criticize me for some event that happened once. You've never drank at somewhere that wasn't ordinary? I can tell that we have a lot of different people here and I appreciate the advice, but I would rather have it come from people that see life my way, and please don't make a crack about how I see life, because do you know me?

7 Answers

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  • Anonymous
    1 decade ago
    Favorite Answer

    I hate to be discouraging, but it looks to me that even under your version of the facts, you were in joint possession of the beer, along with your friends, even before it got put in your car. In order to show that you were not the one who put it in the car, you would have to testify, and if you testify, you are going to have to admit possession of alcohol. Contrary to Richard's post, no court in California has ever accepted the idea of "internal possession" of anything, but I doubt that you can beat this charge.

    However, many courts have alternatives to conviction of this offense which you and your attorney will want to explore--particularly because conviction will mean a one year suspension of your driver's license. When you appear for arraignment, plead not guilty and ask to speak to the Public Defender.

    Source(s): 30+ years as a criminal defense attorney
  • Anonymous
    1 decade ago

    What do you mean it was not your fault at all?

    You were underage and drinking in a parking lot ... oh, but it wasn't your fault.

    I guess one of your friends was putting a gun to your head and forcing you to drink, is that right?

    You say it's the last thing you need right now -- well, maybe you should have thought of that before you decided to drink up in a parking lot.

    You got caught, and you don't have a leg to stand on. Just admit what you did, take your lumps, learn a lesson from it -- and hope that you get off with community service or something.

    "I am truly innocent after all" is one of the most ridiculous things I've ever read. Don't cop that attitude in front of the judge -- that's only going to make it worse for you.

    .

  • 1 decade ago

    Take your lumps, kiddo. You were drinking when you shouldn't have been. You were not "truly innocent after all."

    When you turn 18 you get a clean slate. This conviction only matters if you keep getting in trouble. Appear before the judge and let him know you'd rather do community service than pay a fine. You may even get a suspended sentence.

    Advice: Keep your nose clean. Get a more constructive hobby than drinking beer in a parking lot.

  • 1 decade ago

    "My friends and I were drinking in a parking lot outside of our cars."

    Then the MIP *was* your fault. You WERE in possession of alcohol. So what if the case wasn't yours - you had a can when the cops showed up, plus you were in possession of some beer in your stomach.

    "I want to request a public defender"

    If you can't afford a lawyer of your own, you can ask the State to appoint one for you.

    "Do you think I can get off of the charge completely?"

    Highly unlikely. You were pretty much "caught red-handed".

    "I am truly innocent after all."

    No you're not - you admitted as much in your own post.

    Don't fixate on the issue of the case - it's legally unnecessary - you can be convicted based solely on the "possession by ingestion" of the beer you already drank.

    Richard

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  • 1 decade ago

    sk for a 6 or 12 month conditional plea. The lawhat it be proven that you were aware that you were in posession I hope that came out right. In essence the DA has to prove that you were in posession and knew of it. However let me advise you that though that would be hard to prove(from what you have explained) a jury of your peers would judge you. And look at the cooments you've gooten so far. I don't condone what you did, in my mind I'm glad his happened to you so you can learn your lesson now rather than later. Anyway a conditional plea allows you to plead guilty or no contest and after 12 months of staying trouble free and paying fines and going to AA meetings, you should be able to to withdraw your plea and the case be dismissed.

  • 1 decade ago

    Make ur idiot friend pay for ur attorney and fines or go to court and see if you can make deal to rat him out turnabout is fair play

  • 1 decade ago

    I doubt you will be able to get it dropped completely. You might be able to get it reduced to a lesser charge if it is your first offense.

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