I am 19 years old and live in the dorms at my college but also have a family home in the same city. I was at my mom's house, and with her supervision, was drinking. Since I had been drinking, and I live in walking distance, I chose to walk home to my dorm that night. On the way home, I met up with some friends coming back from a party. While I was with them, one of them got in a fight with some random people and the police were called. We eventually got stopped by the police on our walk and our friend was arrested and we were all issued minor consumptions. My question is, since I drank at home under my mom's supervision, can the minor consumption against me be dropped?
Can it? Sure, if the prosecutor decides to do so. In the meantime, if you want to keep it off your record you will need to plan and prepare a defense and fight it in court. It is legal for underage persons in Minnesota to drink with their parent(s); that is a defense. You will do better with a lawyer's help, so either apply for a public defender or retain a private criminal lawyer to help.
Yes, it is possible to challenge this ticket. But to do so you will either need to have the prosecutors drop the charges or win at trial. The best way to do so is to have a good criminal defense attorney at your side. I would strongly encourage you to start looking around and find an attorney that you are comfortable with and that works in criminal defense.
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As my colleagues noted, it can be dropped, more likely what you will have to do is take it to trial. You will need a lawyer to assist you, either retain counsel, or ask the court to appoint a public defender to represent you.
This response does not create an attorney client relationship and is offered for informational purposes only. Only a lawyer fully versed on the facts and circumstances of your case can properly advise you on the case. I am licensed to practice in Minnesota, not every state. You should always consult with an attorney licensed in your area on how best to proceed.
As my colleagues said, you need to retain an attorney ASAP to help you w/this. You may offered a deal before trial to keep it off your record, but probably not. If you take it to trial or another contested hearing then your mother would have to testify that you drank at home and under her supervision. Her testimony will be attached as being biased in your favor because she is your mother (in other words they will say she is lying to protect you). Also, it is impossible to prove, except by your own testimony (again will be attacked as being biased) that you did not drink AFTER leaving home. These are NOT insurmountable obstacles, just issues you will need to address.
Nothing herein shall constitute legal advice, nor has an attorney-client relationship been formed. www.KellerLawOffices.com
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