Legal Question in Criminal Law in Florida
I went to a friend's house back in late November of 2010. They got bored and suggested we throw a party. I wasn't really for the idea but I got on facebook and browsed around, suddenly a girl I knew contacted me. She asked what I was up to and I told her my friends were trying to get a party started. Immediately she asked if she could come. I asked where she lived, she replied, and my friend went and picked them up and brought them back. Of course at a party there will be alcohol, but nobody was of age, so a hispanic male that lived behind my friend gave it to us. My friend set it out and people started drinking. I myself only had a beer and a shot. The girl and her friend drank alot and became intoxicated.
The girl's friend's brother found my messages on facebook I guess, and informed the parents. The girl that contacted me apparently had a mom who was a police officer in training. Suddenly I get a call from an unknown number, a man asked me where the party was at and I replied that I didn't know him. He said "yeah you don't know me, I'm a sheriff" or something like that. I handed the phone to the girl and when she got off the phone with him she told us they were coming. We all went inside and the girls stayed outside. Several cops showed up. They knocked on the door and demanded to come inside, and eventually did. Busted through a door and called me out by name. From there it was all downhill of course. I was arrested, and a friend of mine was too, for "Contributing to the Delinquency of a Minor". I'd like to add that we were not read our Miranda rights upon arrest, but I've been told this is irrelevant to my case.
Now, I'd like to point out some things. 1. I am only 18, I am unable to buy alcohol. I don't even have a driver's license or any form of identification. 2. They showed up and found two girls drunk. They may have seen my messages from facebook, but I did not invite them to the party, they asked, I did not bring them to the party. 3. I did not give them alcohol and I did not provide the alcohol for the party. I did not pay the guy who got it. At no point did I give them alcohol.
How in the world am I guilty of anything? They had no proof of me giving them alcohol, and the girls themselves did not say that it was me. Me and my friend were the only 18 year olds there, everyone else was under that age. I think this relates to my arrest in some way I guess.
So I went to my CC Arraignment, went to plead not guilty, and I guess they offered me a DPA. It was to pay 50$ prosecution fee and do 25 hours of community service. I didn't feel like going through all the trial hassle so I took it. It was reasonable. Then, I tried to go ahead and pay and do the community service before the next court date and I couldn't because my human resources office said the court order hadn't come in and to keep checking back. I kept checking back and it didn't come in, so I had to go to court again. I got to take another DPA, but this time it was 100$, plus 50$ prosecution fee, and 6 months probation.
Now, I'm a high school student, only 18, I have no job, I cannot drive, I have no vehicle, I collect no benefits, and my parents make minimum wage salaries. That measly 150$ is almost impossible for me to come up with. But, I'd rather take that than go through with a trial that isn't guaranteed to bring back a not guilty verdict. So on the 22nd of February I have my first visit with the probations office. I am supposed to bring my first payment of 100$ (which I do not have and cannot obtain). But I need to go to at least sign off on the DPA so that I don't have to go to court, which would be a trial, on the 23rd.
After reading through this, what advice can you offer me and what is the best course of action you think I should take?
1 Answer from Attorneys
That is a long post for 7;30 A.M.
The deferred prosecution agreement is sweet because, if you do what they want you to do, then your charges will be dropped. But the catch of course, is that you need to do what they want you to do. And that always includes paying some money.
So you have some options:
1. Talk to the probation officer on 2.22.11. Explain that you cannot pay the money. Ask if they will amend that requirement to, say, some more community service.
2. I know you are "only" 18, but you could get a job. And use the money to pay the fees.
3. Opt out of the program, and take your chances in the courtroom. See if the Judge will appoint you a public defender.
Good luck!
Tampa Criminal Lawyer
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