Help!! My teen has been charged. Any advise

[Chris2597]

Hi
I have been a member of the DIS boards for a number of years....I mostly have been lurking lately, learning from many of the posts on the CB, but now I need help and advise.
My son, 18 has been issued a citation for minor in possesion of alchohol and minor in poss. of drug paraphanelia ( a small pipe). Three cans of beer were found in a backpack and the pipe under the seat. He was not under the influence. He said that he didnt know the pipe was under his seat and the beer was from a friends house from the weekend prior. He claims the pipe isnt his but I have my doubt and it is really besides the point....It was in his truck, in his possesion whether he knew it was there or not.
We go before the Justice of the Peace judge in a couple of weeks. The letter says we dont need an attorney but can hire one if we desire.
Has anyone else experienced this, any attorney's out there with advise......I would just like to know what to expect. I am so un-prepared for this.
My son is a clean cut, usually great kid. He graduated early from high school in Feb. and plans on attending college. This is the first time he has ever gotten into any kind of trouble.
I would greatly appreciate any input.

 

[Blueeyes101817]

no advice..just wanted to say good luck!

 

[The Mystery Machine]

I am not an attorney but am a parent and if my child had a first offense I would do everything in my power to help it stay off his/her record. I would hire an attorney.

 

[MScott1851]

Hire a lawyer anyway... If for nothing else, to reassure you. But they can also do some behind the scene wheeling and dealing before the appearance to try and work something out.

Case in point: I and a girlfriend got arrested when we were 20 for minor in possession of an alcoholic beverage for rummaging around in the back seat of her car for my purse, because her big sister in her sorority (over 21)had left her cooler in the car because she didn't want to lug it up to the fraternity house and wasn't there to claim it. Neither one of us were even drinking. Totally bogus charge by a new campus officer that was wanting to "make an example" of someone. We were both leaders on campus and it made the front page of the newspaper that week...We both hired a lawyer to fight it, and the charges got dropped before we ever had to go to court, and the record was sealed as a Juvenile Case. It didn't show up when I applied for my nursing license. My lawyer was great, and reassured me and my mother and let us know what had happened in other cases that he had represented, what to expect, the maximum penalty, etc. Totally worth the $175 per hour he never billed me for (!)

 

[Micca]

Hire an attorney, and good luck

 

[Chris2597]

Thank you for the replies so far. My dh is calling a friend that is a Family law attorney on Monday. My only fear is that I dont want him to think he can pull stuff like this and get away with it, even though it is a first time thing. However I am scared that this will effect him for future employment and school. My understanding is that the teen in poss. of alchohol is a lesser issue but the drug paraphanelia is more serious and could effect him in the future.
I have no idea what to expect.

 

[poohandwendy]

Originally posted by Chris2597
My only fear is that I dont want him to think he can pull stuff like this and get away with it, even though it is a first time thing. However I am scared that this will effect him for future employment and school. My understanding is that the teen in poss. of alchohol is a lesser issue but the drug paraphanelia is more serious and could effect him in the future.
I have no idea what to expect.

Definitely hire an atty. He needs legal counsel. If his arm was bleeding you would get a doctor. This is no different, he needs a professional. I haven't dealt with anything like this, but I imagine this is already a huge wake up call for him if he is an otherwise average kid. Even if he ends up getting what we consider 'a slap on the wrist', he is going to feel the heat until that happens. Unless he has a serious drug or alcohol problem, I would think this will teach him a huge lesson.

As far as his possibly thinking that he can get away with this type of thing, I imagine a judge or the atty will make it very clear that repeated offenses are punished severely. I doubt he will want to go through this again.

As far as this effecting his his future, that will all depend on what punishment he receives. We all have to learn that things we do today can impact the rest of our lives. Hopefully, he will not have to answer for this incident for many years to come. But, even if he does, I am willing to bet he will be able to stand tall and explain that he was young and made a terrible mistake that he deeply regrets. He certainly wouldn't be the first or last to admit a mistake in their youth.

This is what is going to shape him into the man he is destined to be. Things that come easily do not build character...tough situations and how you handle them... do. He has an opportunity to use this situation as a character building tool, rather than a stumbling block. I hope he uses this experience to become a stronger, more mature and humble man.

Hugs to you, it certainly isn't easy being a parent. When people complain about potty training, I have to laugh and think to myself ...little kids, little problems...big kids, BIG problems.

Keeping your family in my thoughts and prayers...

 

[minniecarousel]

Hire an attorney - if only for your peace of mind. You can have him pay you back eventually.

I'm sending you a PM.

 

[TIGGERSMOM]

Get a lawyer.

This is gonna affect him alot if convicted, even if he pleads no contest. He can potentially be denied access to any federal college money with any kind of drug conviction.

Try to get it CWOF - continued without a finding - then expunged - not sealed. Courts and police still have access to sealed records. Also any government agency he may apply to or any company he applies for employment with that may do government work can reject him if he cannot clear a backround check. They won't necassarily see the conviction but they will see a notation of a sealed record. It happens all the time.

Do not take it lightly, let him know you may give him benefit of doubt this time but I would talk now. Not the don't do drugs speech but a REAL talk. My DS knows alot about my growing up and we have talked in depth about everything, especially friends I have lost to drugs. Some have died - some just, well they are just pathetic.

Make some new adult rules and stick by them. Our 1st was if I catch him anywhere near a car with anything he looses car, freedom and anything else I can think of.

Oh and a little incentive, if he or anyone in the car gets caught with any "weight" of drugs (and it doens't take much) he can have his car seized and sold by law enforcement.

 

[Claudia1]

Well said, ooohandwendy, well said!

In our state, 18 is an adult. What about yours?

Hugs and best wishes for ALL of you!

 

[tw1nsmom]

I agree with everyone who says that you should hire an attorney, but I think he should be the one to do the hiring/paying. My brother got in "trouble" twice when he was younger. When he was over 18 my mother made him get a lawyer himself, but when he was under 18 she helped him. However, she only gave him one month to pay her back. He had a choice between getting extra work and selling his car. He found a job cleaning barns at a dairy farm before school (4 am). Mom wanted to make sure that he understood the consequenses/sacrifices being made, plus we didn't have a lot of money and there was no way she was going to be the one to get a second job when he was more than capable of working and paying for his own mistakes. By the way, even though my brother got into a lot more trouble than your son seems to have, he is now a responsible adult with his own business, family and home.

 

[pw2pp]

I didn't think that posession of a pipe was a crime. When I was a teenager we used to be able to go into a record store and buy pipes and other drug paraphnelia very easily. If they didn't actually find any DRUGS I don't think there is anything they can do about it.
Now the alcohol is a different story, but 3 beers?
I don't think you have to worry too much. The authorities have much bigger problems to deal with than an 18 year old with 3 beers (that were not even open in the car).

 

[Ragmop]

I am curious as to the reason the cop even "pulled" your son off the road to ticket him?

 

[SOBDOSNV]

I'm with Ragmop. Why was he pulled over? If the stuff was not in plain sight, why did they search the car. If they didn't have good reason, it's illegal search and seizure, unless he gave them permission. I agree with getting a lawyer, but let this be a lesson for your son.

I didn't think that posession of a pipe was a crime. When I was a teenager we used to be able to go into a record store and buy pipes and other drug paraphnelia very easily. If they didn't actually find any DRUGS I don't think there is anything they can do about it

It's called paraphenelia (sp). Possesion of it is also illegal in most states anymore.

 

[pw2pp]

It's called paraphenelia (sp). Possesion of it is also illegal in most states anymore.

Well I guess things have changed in the past 25 years. In the 70s we could buy pipes, roach clips, pipe cleaners, rolling papers, etc.....
I guess I'm just too darn old now and don't know what's going on anymore.
Do they still have "nickel bags" and "dime bags" or is everthing at least 50 bucks now?

 

[wdwnutze]

Hire a lawyer and make your son pay. If your son has not been in trouble in the past than the lawyer will probably be able to get it CWOF. It will be up to your son what to do from that point on. Unfortunately, I just went through something similar with my 19yo son. He was able to get his initial charges CWOF. If in 6months he didn't get in any trouble, the charges would be taken off his record. He decided to test this out and got in trouble the day after he went to court. I had him arrested and locked up in an alcohol treatment program for 30 days. It was the hardest thing I've ever done but I think it will be the one decision I've made that really pays off. WE go to court on Wednesday and he will have his lawyer there. He is paying for the lawyer himself and all of the court charges he has incurred. My son was a sophmore in college and a very smart young man. His life just took a wrong turn but I'm hoping thins will get him back on track. Good luck. Let your son know you love him and support him but that he brought this on himself. PM me if you have any questions or need to talk.

 

[Dan Murphy]

Well stated, both poohandwendy and TIGGERSMOM. My best Chris, and hopefuly a wakeup call in any event for your son. Maybe a life saver.

Not sure what state (you only indicate you are living in the USA somewhere) but in answer to a few here, in IL,

possession of alcohol by an individual under the age of 21, opened or unopened container: Maximum fine $500 and a six-month prison term.....Illegal transportation of alcohol by an individual under age 21: Drivers license suspension for 1 year for 1st offense, revocation of driver's license for subsequent offenses. Zero Tolerence applies on the above

As for drug paraphernalia, as the aforementioned 'pipe', possession is a crime in IL also.

...Section 5. The Drug Paraphernalia Control Act is amended
by changing Sections 3.5 and 4 as follows:

(720 ILCS 600/3.5)
Sec. 3.5. Possession of drug paraphernalia.
(a) A person who knowingly possesses an item of drug
paraphernalia with the intent to use it in ingesting,
inhaling, or otherwise introducing cannabis or a controlled
substance into the human body, or in preparing cannabis or a
controlled substance for that use, is guilty of a Class A
misdemeanor for which the court shall impose a minimum fine
of $750 in addition to any other penalty prescribed for a
Class A misdemeanor. This subsection (a) does not apply to a
person who is legally authorized to possess hypodermic
syringes or needles under the Hypodermic Syringes and Needles
Act.
(b) In determining intent under subsection (a), the
trier of fact may take into consideration the proximity of
the cannabis or controlled substances to drug paraphernalia
or the presence of cannabis or a controlled substance on the
drug paraphernalia.
(Source: P.A. 88-677, eff. 12-15-94.)

Thankfully laws are tougher today (enforcement is questionable at times) than they were years ago, hopefully saving lives, physical and mental, in the process.

Again, Chris, my best, hope your boy comes out well, in all regards.

 

[ajtux]

Talk to him, maybe more importantly, listen to him, try to get an idea of what's going on in his mind. Treat him like the adult he's on the verge of becoming. It's his time. Only he can control it.

 

[grinningghost]

I can't offer any advice, but except to stick by him through this. If it's his first offense, then he can still change his ways. A hug for you and him.

 

[Poohbear123]

Best of luck, let us know how it goes......Faith