Court PROCEDURE and LEGAL ADVICE?
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Court PROCEDURE and LEGAL ADVICE?
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My friend (on probation) who is in the same dorm as i am (college) just got arrested for underage drinking. When they approached him they did NOT know he was drunk, they wanted to question him about a crime he did no take part in. He was minding his own business and keeping quiet in his dorm when they wanted to question him about something he did not do. (he has a witness with him all day, night to dispute that he was guilty of that crime) howsoever they did catch him drunk. He has a court date tomorrow morning in a few hours.
WHAT SHOULD HE DO please help
1. Can they charge him for underage drinking? (he is 19) , because they weren't even going to question him about that
2. What will the court procedure be like
3. Can he ask for a lawyer or a continuance
4. What is the likely outcome (jail,fine,etc)
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queenie_lori
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1. Yes, they can charge him with underage drinking. Just because they went to him to question him about something unrelated to his drinking, while in their presence, an offense had been committed (underage drinking) and they are obligated to handle this.
2. Since he is currently on probation, his probation officer will be notified and that person, in turn, will violate him - meaning he will file an affidavit that says what the new offense is: that he committed a new crime while on probation.
3. Yes, he can ask for an APD (assistant public defender) but only if he is truly indigent.
4. No idea what the outcome will be because you failed to say which state this took place in. Every state has different rules and punishments, so without knowing the state it's impossible to give you a more specific answer. |
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Jamie
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Yes they can charge him regardless of what they were originally there for, he is still underage and was drinking. He is entitled to an attorney and he does have the right to ask for a continuance until they appoint him one. Outcome because of his probation is either jail time revoking his probation, or he'll end up with stricter probationary conduct (testing, alcohol classes, etc.) As for what it will be like, since this is the first court date he's had due to this charge, it is probably going to be just a reading of his charge, they will ask him if he has that attorney you were talking about at which time you say no, and request a public defender or obtain his own council. Another date will be set for sentencing generally. |
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