Legal Question in Criminal Law in Illinois
consumption of alcohol by minor
my daughter was at a friends house and had drank 1 beer. somebody called the cops and when they went there they pushed the boy out of the way to gain entry. they did not have a search warrant. my daughter was asleep and they woke her up and had her take a breathalizer. she blew a .066 she was then handcuffed, arrested and taken away. they did not read her rights to her. can we fight this?
2 Answers from Attorneys
Re: consumption of alcohol by minor
yes you can and you should
Re: consumption of alcohol by minor
Yes, certainly you can fight the charge. Based upon the facts included in your post it seems clear that the police violated someone's constitutional rights. However, this is a relatively minor charge in the larger scheme of things. It might make mor economic sense to negotiate a plea bargain in order to avoid any chance of the young girl taking a conviction on her record. Either way you choose to proceed you definitely should hire an attorney. Good luck1
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