Legal Question in Criminal Law in Massachusetts
I was at a party last night and there was about 40 of us there. 3 people were 21 and over, the rest of us were underage. I was there for about 5 minutes before the cops showed up. They arrested 32 of us, didn't read us our rights (which I know is not required), and told us they would NOT be giving out any breathalyzers. We all got charged with minor in possesion, and have to go to court on tuesday. I am wondering what the best thing to do in this situation is. I was sober as a bird, had just shown up and they wouldn't give any of us breathalyzers to prove it.
4 Answers from Attorneys
They can charge you with possession even if you haven't ingested any alcohol.
What happens from here is very important to you. Once you are arraigned you will have a record in Massachusetts. I would suggest consulting with an attorney in the hopes that you can avoid being arraigned on the charge altogether. An attorney might be able to negotiate a pre-arraignment agreement with the DA that will spare you an entry on your criminal record.
Also, among the potential penalties this charge carries is a license loss if convicted. You should do whatever you can to defend yourself against this charge and protect your record. My suggestion would be to not walk into court alone on Tuesday.
I would agree-possession comes in several forms not just from drinking alcohol. Most likely the state would proceed under a constructive possession type theory-you should have an attorney as suggested.
Retain an attorney to attempt to get you into a pretrial probation program to avoid arraignment and the conesquences that are mentioned above.
Good Luck!
I agree mostly with Joseph.
Most of the time, the matter is dismissed upon Court costs.
Call me with any questions at 978-749-3606.
Related Questions & Answers
-
Somone seen me drink a beer against the terms of my probation and told my po no... Asked 2/17/10, 10:27 am in United States Massachusetts Criminal Law
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
