Legal Question in Criminal Law in Nebraska
percuring to minor.
I had an incident this weekend where I had 2 minors with me. I didn't know until the police were envolved that one of them was a minor. I was drinking with the one I thought was old enough when the 15 yr old took a drink of my vodka. I told her no more. Then I went for walk with the older one and came back to my car gone. The 15 yr old put my car in the nearby ditch. She also drank the rest of the bottle of vodka before she took my car. Their parents are trying to get me for contributing. I had to file a report for her stealing my car because of insurance. I heard that they might just throw it all out. What are my chances? I have no record and honestly did nothing wrong except have stupid people with me. The county attorney will review it and decide if they will press any charges. She won't admit to driving my car and they 2 monors had a whole day to get theor story matched. They are both trying not to get in trouble with their parents. Do I need to get a court appointed attorney or should I get a good real attorney. What bail should it be and what's the worst I could get. I'm freaked out. Please give any advice.
2 Answers from Attorneys
Re: percuring to minor.
I would suggest you select your own attorney and meet with him immediately. He may be able to persuade the county attorney not to file charges. That would be the best possible outcome. He can also answer some of your other questions after he has interviewed you for many of the details which you have omitted. Leaving the 15 year old alone in the car with access to the bottle of vodka represents enough negligence to warrant charges being brought. There is nothing wrong with using court appointed attorneys, except that one will not be appointed until charges have been filed. In your case, there may be some hope of no charges being filed if you hire an attorney now.
Re: percuring to minor.
From the zip code, I take it you are in Tekamah. The court appointed attorneys in Tekamah are also private practice attorneys. Do not discount their abilities simply because they are court-appointed.
Having said that, Duke Drouillard is right about possibly avoiding charges in the first place by hiring an attorney to talk to the prosecutor. However, knowing the prosecutor myself from having worked up there, and thinking about how he will view the story, I would say it is very likely he will file charges.
As to bail, you will not know until the charges are filed. It will also depend on your criminal history. Contributing to the delinquency of a minor is a class I misdemeanor. The maximum penalty is 1 yr imprisonment, $1,000 fine or both. Minimum is none. You could face 2 counts.
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