Need your help
September 22, 2011 8:32 PM Subscribe
My boyfriend is about to face a court date next week for a furnishing alcohol to a minor charge.... he would gladfully face punishment for this crime, however, he didn't furnish alcohol to a minor. The prosecutor wants him to accept the plea agreement and not waste anyone's time. My boyfriend just doesn't want it on his record. Any ideas?
posted by camylanded to law & government (44 answers total) 5 users marked this as a favorite
My boyfriend's court date is next Tuesday. We live in Southern Indiana and this incident happened nearly 400 miles from here in NW Indiana. I was not with my boyfriend when this happened, but I've heard the story from him as well as his friend who was a witness to this and we're trying to figure out what his best line of action will be on Tuesday. As a first note, both him and his friend are over 21.
Basically, his best friend invited a girl he was interested in over to their hotel room while they were visiting NW Indiana. The girl was from the town in question and my boyfriend knew next to nothing about her. He'd bought himself a 12 pack of beer, his best friend had his own alcohol. The girl had brought alcohol in her purse. Later that night (after drinking all the alcohol in their possession) they decided to walk to a nearby gas station to get cigarettes. It was in January... it was below zero that night and there were several feet of snow on the ground. 100 yards from their hotel, they see cop lights behind them. The cops begin haggling them about their alcohol use. They split my boyfriend, his best friend, and this girl up. They discover the girl is just under 21 and thus underage. She is breathalyzed and blows a 0.23. They ask my boyfriend if he had drank that night and how much alcohol he purchased... he tells them he bought a 12 pack for himself and that was it. They start asking him how she got drunk and when he keeps telling the same story, they get angry and they say that no one is leaving until someone confesses to giving her alcohol.
Mind you, it's still below zero outside. My boyfriend says again that he bought beer earlier in the night, and that must have been the magical phrase... they arrest him and he then spends 4 days in jail before he is bailed out. He was not breathalyzed and was not read his rights before or after his arrest (I'm not really sure this matters).
Fast forward to now.... he got to speak to his lawyer today and his lawyer is saying he has a good case, but that it will take a lot of time, travel and money to take this to trial. My boyfriend has been trying to get a better full time job and he doesn't want something like this on his record. The prosecutor is offering a simple plea agreement... some kind of fine, 5 days of community service and 2 months unsupervised probation. How likely is he to get out of something like this? He's talked to the girl and she refuses to testify, so it seems to me it's my boyfriend's word against the cop's word. Would it be better to work with the prosecutor, or go to trial? I've heard this town is notorious with getting people in trouble for furnishing alcohol to minors. Your opinion, experience or legal studies would be much appreciated. Thank you.