Okay so the cops (in Maryland) bust a party and issue citations and they are searching the house find a backpack with this minor (let's call him Bill)'s drivers' license in the house and so they go to his house at 3 am when he is asleep and don't give him a breathalyzer and give him a citation. I think they can't prove that Bill was there at that time, Bill could've easily been at the house hours before the party and left his bag then, when no underage drinking was occurring. Bill cannot get cited and has gotten into college and his future is on the line. Is a license enough evidence to prove that Bill was at that party at that time?
They can but it's an extremely weak case and "Billy" should get himself a defense attorney to fight the charges.
It sounds like you've raised some valid points. You're stakes are high. Absolutely seek a consultation with a Maryland criminal defense lawyer. A lawyer can help best present your case and may even find other issues to raise with respect to your constitutional rights.
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No, the license is not enough. Bill could have had his license stolen. Bill should hire an attorney to fight the citation. Many counties do also offer diversion programs where Bill could do community service and the citation would be dropped. He should consult with an attorney to explore his options.
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There are many things that you identified as possibly valid arguments for successful motion to dismiss. However Billy needs a lawyer asap to discuss details of seizure. Driver's license lost at the party is not enough, but more troubling is 3am search for Billy in his home presumably without warrant.
Unless they have witnesses that Bill was there and drinking, the mere discovery of the license will not be sufficient; however, Bill needs a lawyer to properly put on a defense. Bill has the right to remain silent, and absolutely needs to remain silent, at his trial. That right cannot be exercised selectively (answering some questions while declining to answer others); therefore, he needs a lawyer to do the talking for him. In addition, in Montgomery County, first offenders are routinely offered a pretrial option that does not involve a guilty finding and can avoid a record, if for some reason there appears to be other evidence which can establish bill's presence and possession of alcohol at that party. Again, a lawyer would be able to ascertain and evaluate any such evidence, as well as discuss the case with the prosecutor to achieve the desired result, perhaps an outright dismissal.
You didn't exactly say what Bill was cited for. But it does sound like it would be hard to prove Bill did anything illegal. Bill needs an attorney, whether he is being charged as a juvenile or not. He MUST have one if its a juvenile case, and should have one if being treated as an adult to make sure he prevails. Without someone on his side who knows the law and the rules as well as a prosecutor does, he could be found guilty anyway
Bill needs a lawyer. Immediately. Bill has no chance of winning this case on his own if Bill gets a sneaky prosecutor. Most of them are sneaky. That's why they're prosecutors instead of people. I bet I know exactly which squad busted this house party. Those guys are incorrigible. And yes, that citation sounds like complete bullshit.
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Anyone may be accused of a crime, regardless of whether he or she has in fact broken the law. Unless "Bill" agrees that he is guilty, then he has a right to a trial on the charge(s). Even if he probably won't go to jail, the public record might cause him problems with employers, landlords, and lenders. Consider seeking a confidential consultation with an experienced criminal defense attorney. Beware that online posts are not confidential.
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Without knowing what the citation is for and if there are other circumstances that would make the case stronger for the State's Attorney, it sounds as though it is very unlikely the State would be able to prove their case. That being said, consulting with an attorney - as soon as possible - can be extremely helpful to go over the charge, the facts, and any possible defenses.
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