Legal Question in Criminal Law in North Dakota

Okay so last night there were 4 of us that got minor in possession tickets. I'm 19 & I live in North Dakota. The officer was very understanding and heard us out. He asked me I had been drinking after I gave him my closed bottle of alcohol. I said no because I wasn't and he believed me. He issued me a citation for minor in possession. On it is a court date, he told me that I would appear in front of a judge to get my punishment. The officer told me last night since I was very cooperative and respectful and he had no problems with me he would let the judge know and that would make things better. He also said something about getting a deferal for the minor in possession. Not sure what that means. I'm just worried about going to court. I was wondering what kind of punishment I can get, and what he/she is going to say to me or if he/she is going to offer me something, and I'm not sure what I should say. I don't plan on getting an attorney because I don't think I need one because I wasn't arrested, just given a ticket that had a court date on it. Any advice?


Asked on 10/13/13, 1:49 pm

1 Answer from Attorneys
James Thompson Nehring Law Office

Have you already resolved this case? I hope that my answer does not come too late to help you.

A deferred sentence is one of the better possible outcomes for a case like this. I see no major defense, since the officer saw you in possession of the alcohol. It would not be a hard case for the prosecutor to prove. However, you might be a good candidate for a deferred imposition of sentence. There are two portions of every case -- an adjudication phase and a sentencing phase. Adjudication is the process by which the court determines if you are guilty. If you are found guilty, then the court will consider a range of punishments. A deferred basically means that you are guilty, but that the court will hold off on punishment. If you do not commit any more criminal violations, pay minor fines, etc., your record will be cleared at the end of a certain time period. Usually that's 12 months, but I have seen deferred deals for as little as six months.

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Answered on 2/12/14, 5:12 pm


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