Legal Question in Criminal Law in California
I'm 19 and recently got a ticket for minor in possession of alcohol. Along with a guy friend of mine who got the same ticket for the same beer. We both went to court today, and I plead not guilty because it was not my beer it was his. So I have to go back to court. My friend plead guilty and has to pay a fine of $170.00 dollars. What should I say when I go back to court? Should I get an affidavit from my friend stating that he took the wrap for that beer? And that he plead guilty? Can two people get in trouble for a single can of beer? I was offered 32 hours of community service if I plead guilty, but I am NOT guilty so I plead not guilty. Did I blow it? I really don't want this on my record.
1 Answer from Attorneys
Two people can possess the same item at the same time, even if one owns it and the other does not. It's even easier for two people to possess the same item at different times. Your friend's admission that the beer was his does not mean you're innocent. You may very well be guilty, but I would need more facts before I could say one way or the other.
If you really don't want this on your record, you should get a lawyer. Whether you have already blown it depends upon what you have said to the police, the prosecutor and the court.
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