Legal Question in Criminal Law in Georgia
i was at a friend's house on friday night and two others came by to hang out.there was alcohol at the house that was bought by me and drank ONLY by the ones who were 21 and over.one of the guys there was not 21 or older and had been up since 6 that morning,so he said he was going to lay down.his parents end up calling his cell phone later when he was asleep to talk to him.they talk,they start saying he's drunk because he was sounding "funny" and because they claim that their son never goes to bed that early.while on the phone,his phone dies and he didn't have a charger.they call back later on the other person's phone that was with him and say start pulling the accusation game of him being drunk,us getting him drunk,and then say that they were coming,3 hours away,to pick him up.we all wake up the kid and tell him that his parents are on their way to pick him up.he gets up and is all mad/upset/angry/irate,says f@%# them,i'm leaving,gets his stuff,gets in his car and leaves.we all say ok,sure,whatever,and go on with our evening.at about 6 in the morning,his dad shows up at the front door asking where he is,accusing him of being drunk,us getting him drunk,and then threatens to kick my teeth in.i tell him what happened,i don't know where his son is,we didn't serve him alcohol or get him drunk.his dad runs down to his truck and calls the cops.the cops show up,come in the house to try and see if he is anywhere inside.they don't find him,of course,and then start asking us what happened.we answer their questions and then their son calls sometime later.they ask where he is,he says he doesn't know where he is.they ask if he had been drinking,he siad he was still drunk and that he had been drinking over at the house with the rest of us.the cops come back and arrest one for having a disorderly house and me for furnishing alcohol to someone under 21.they do this because they come in do find empty beer bottles in the trash can, liquor bottles sitting around half way or more gone, and pizza boxes.if he was drinking with us like he says he was,then how was he able to drive off in his car and go to where ever he went without getting into an accident?on top of that,there's no way any of us could drive ourselves because we couldn't even stand up properly.when the cops were asking him questions,he told them that he didn't know where he was,couldn't remember anything,and couldn't even remember what he did with his car.all he could say for sure was that someone gave him a ride to a gas station somewhere in north georgia.so at some point during the night after he left from the house,he got drunk somewhere either by himself or with some people and lost track of the whole night/event.how can they arrest me for furnishing alcohol to someone under 21 just based on there being empty beer bottles and liquor bottles in a house where everyone was of age to drink it and also based on him saying that he did when we ALL were saying he didn't and were telling the cops the exact same story?how can this charge even stand in court?the way i am looking at it is that it is up to the state to prove that he was there drinking alcohol before they can even try to make this charge stick on my record or the other charge on the other guy's.YES,he was there.YES,everyone in the house who was awake and of age to drink was drinking.NO,he did not drink any alcohol at anytime with any or all of us while he was there.YES,he left the house on his own and left the house sober not having drank anything at all.will someone please help with this ridiculous charge(s) and situation and give me some good advice.PLEASE!!!
1 Answer from Attorneys
You had better get yourself a good criminal lawyer.
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