In Trouble with the Law

[ZSigErik]

Ok, heres the story:

Last night, my parents left to go to my sisters AAU regionals for basketball. I, being a partier, decided to throw one of my usual parties. So I got my band over, told 'em to invite whoever, and the party went on from there. The party total started peaking at arond 30 or so people, and its rockin'.

Everyone is having fun but I had a bad feeling about the whole thing for the better part of the day. Well, to make a long story short, the police got noise disturbance calls so they came in, did what they had to do, almost everyone blew over, including myself with a .14. The police never asked to enter my home, they just walked in, now I'm not wondering about that. Im wondering what are some of my best/worst situations?

I recieved 3 misdemeanors, MIP, Contributing to the Delinquancy(sp?) of a minor, and having a house party. I spent a night in a holding cell and complied with everything the police asked me to do. I was released this morning, and my bail was 300$, but they "waived" that and told me I could go home becuase I have a spotless record. I have to appear in court within 14 days for an "aranement"(sp?). The police officer who released me told me to plead not guilty and speak to the prosecuting attorny.

Now, I'm wondering what I should do, or just well, what I do in this situation? What are some things that could or will happen to me? Any info at all would be GREATLY appreciated.

[PyRo]

If you can, I would talk to a lawyer about it, they might even have to give you one, i'm not sure. Are you 18? That can make some differance, in what will happen.

Most likely the worst that will happen is a bunch of fines and probation. I don't think you have a case for unreasonable search, there are alot of ways around it, and since you were having a party, i'm sure they found one. Like the officer said speak to the prosecuter. They are likely to offer you a deal, like if you plead guilty to one charge they will drop the other two or somthing like that, i'm not attorney but it would probably be best not to admit guilt in any way to anyone.

[Mango]

Originally posted by ZSigErik
The police never asked to enter my home, they just walked in, now I'm not wondering about that.


They didn't need to ask to come in. If you opened the door for them, that was reason enough. Also, if they could see any alcohol or minors drinking, that is also enough probable cause to enter.

I don't know laws in your state but you will probably have to serve community service and pay a fine. One or all of the charges might be dropped or lowered. It's hard to say. It's literally down to what kind of mood the judge is in that day and your previous record.

[FalconGuy016]

You arent allowed to have house parties?

[shartley]

Sounds like everything went by the book. You messed up. Do as the officer suggested, plead not guilty and talk to the prosecuting attorney. See if you can work out some sort of deal, community service, reduced fines, etc. And then don’t do it again.

[wimag]

Originally posted by FalconGuy016
You arent allowed to have house parties?

and you question why?

[fire1811]

this is why i drink alone

:)

[ks064]

Talk to the ADA or if you qualify for a public defender have him talk to the ADA. Since this is your first offense you will probably have some fines and/or community service (more likely). Don't stress over it. As for the officer entering your home, to bad he has every right (sounds like he had more than enough probable cause).

[PyRo]

Originally posted by fire1811
this is why i drink alone

:)

:D

[ZSigErik]

Yea, thats why I said, Im not wondering that point, at all, I understood why, I was just stating a fact I viewed to be necessary to the story.

Im 17, and live in Michigan, if that helps anymore, iVe done everything the police have asked me to do. I just hope this turns out good, but things always do for me. If I was a thiest I would ask for your prayers in the coming days.

[Buff]

I think u messed up ur last sentance.....
are u atheist?

[PyRo]

He didn't mess up, he is an atheist...
Now you deserve to get the chair for this :)

You don't have much to worry about. You will probably get some fines, community service, probation whatever. Your parents can actually get in more trouble than you can. Since your 17, when you turn 18 this won't show up your your record.

[redzone]

i hope you learned a lesson

party at other peoples houses (and dont drink and drive):D

[Morally0Confused]

my question is
do your parents know yet?
if so?
hows that going?

[StuDawggie]

Originally posted by ZSigErik
Im 17, and live in Michigan, if that helps anymore




What county and city are you in... I've had a run in with the law and might be able to help you out depending on where you're at. PM me and I'll try to help you best I can.

Stu

[vf-xx]

Community service isn't soo bad.

I work at the library and we've had quite a few people in on community service. Usually for DWI or MIP.

[ZSigErik]

YEa, well, Im a dumb ***, and probably an alcoholic, so im drinking now, but its just me with like a couple others, but I live in Flat Rock Michigan, which is SE.

Anything else will help...

[WicKeD_WaYz]

Originally posted by fire1811
this is why i drink alone

:)

Ummm.....alcoholic?


;)




ya both parties I was at got rolled the last 2 nights by like 10 30. I think both kids got off with only a warning, thats why its good to stay sober when your throwing a party. When the cops show up just tell them your glad their here because your party got out of control, and you need help clearing the place out. :)

[Thordic]

If the cops ever show up at your house, just open the door wide enough for you to exit the house, and close the door behind you. Then talk to them on the porch/steps.

If you open the door wide, then they have full view of whatever is going on.

You should also let the partiers know that if the doorbell rings, and its the police, to tell them to hold on, close the door, and get you.

Its very easy to give up your basic rights if you aren't careful / don't know them.

[shartley]

Originally posted by Thordic
If the cops ever show up at your house, just open the door wide enough for you to exit the house, and close the door behind you. Then talk to them on the porch/steps.

If you open the door wide, then they have full view of whatever is going on.

You should also let the partiers know that if the doorbell rings, and its the police, to tell them to hold on, close the door, and get you.

Its very easy to give up your basic rights if you aren't careful / don't know them.
This is not quite correct. If the police have been called because of a loud party, and they can see/hear one going on when walking up to the house they have probable cause to enter the house. Even more so if they see what appears to be underage people in an intoxicated state, or have reason to believe that alcohol is being used.

I find that too many people just don’t know how easy “probable cause” is to obtain. And far more don’t understand what their rights are, or what they are not.

So just cracking open the door and sliding out while trying to prevent the police from looking in would do virtually nothing in the case of a house party with underage drinking. In fact, it would probably add TO the probable cause to take a look inside. The police are not just out to “bust” people in this case, but out to protect the safety of our youth, and the rights of the neighbors.

It seems some people are more interested in their perceived rights and how to avoid getting in trouble than they are about simply following the law.

[bunkermaster10]

Man that sucks. You were just having a lil' fun...:(. Hopefully you learned your lesson not to have a house party at your house.




Its funny over here in Germany at fests they have, they will give beer to anyone. I've seen like 12-13 years old buy beer. Its water for germans, seriously.

[fire1811]

Originally posted by WicKeD_WaYz


Ummm.....alcoholic?


;)


your only an alcoholic if you admit it :p

[Fatjon]

This just happened to my buddy. I was on my way over there when it got raided. His dad was at bike week so he threw a usual party. The cops came for loud music. No one answered the door. and about 15 people left out the back door. So the cops walked around back and just opened the back door and walked in. 5 people got arrested. The ran everyones tag that was outside and told them they could not come get there cars until 6 the next morning.

[punkncat]

Originally posted by shartley

This is not quite correct. If the police have been called because of a loud party, and they can see/hear one going on when walking up to the house they have probable cause to enter the house. Even more so if they see what appears to be underage people in an intoxicated state, or have reason to believe that alcohol is being used.

I find that too many people just don’t know how easy “probable cause” is to obtain. And far more don’t understand what their rights are, or what they are not.

So just cracking open the door and sliding out while trying to prevent the police from looking in would do virtually nothing in the case of a house party with underage drinking. In fact, it would probably add TO the probable cause to take a look inside. The police are not just out to “bust” people in this case, but out to protect the safety of our youth, and the rights of the neighbors.

It seems some people are more interested in their perceived rights and how to avoid getting in trouble than they are about simply following the law.

Actually the police would like you to believe that this was probable cause to enter w/o a warrant.As far as I know the only thing that allows police to enter a premise w/o a warrant is them actually hearing gunfire,seeing a weapon , or other obvious signs of violence.
What complicates this issue is the fact that minors were involved and they don't need permission of a minor, they need permission of an adult which was neither there nor aware of what was going on.
I think when you go to court you will find that the lack of warrant will help you.It could make any evidence they obtained inadmissable, no evidence , no case.
They should have called in for a warrant to cover their own butts.But they knew that the chances that a kid holding a house party sans the folks fighting them was light.

Added on Edit
I would like to point out that right or wrong , the police did exactly what I would want them to do with my kids in a like situation.You should NEVER have had that party.You are too young to start drinking and taking that responsibility into your hands.
There are giant liability issues to your parents and you for allowing other kids to drink and do whatever.Even if they didn't know , it happened at their house.
Slow down bud , partying doesn't lead anywhere good at your age.There will be plenty of time for that in college.

[fire1811]

i know in illinois that if the cops come to a house and see's underage drinking they have every right to enter

it just like they now have the power to pull a vehicle over because you where not wearing your seatbelt.

point is its illegal and there job is to stop it

[Lohman446]

Originally posted by ZSigErik
Yea, thats why I said, Im not wondering that point, at all, I understood why, I was just stating a fact I viewed to be necessary to the story.

Im 17, and live in Michigan, if that helps anymore, iVe done everything the police have asked me to do. I just hope this turns out good, but things always do for me. If I was a thiest I would ask for your prayers in the coming days.

So far your on the right path, don't be a prick, don't say anything about the police being in the wrong (they weren't). If you have been applying to colleges, have a decent GPA, etc. go to the prosecuting attorney, admit full responsibility to him "heh, I screwed up" generally works. Ask him if he thinks this will hurt you much getting into college, talk to the man (or woman), ask questions rather than make statements (aside from being totally candid that you screwed up). Its a minor offense (relatively), you will probably end up with points on your drivers liscense (yeh, you weren't driving, in MI MIP is as bad as DUI). Be apologetic, work out the best deal he will give you, and take it.

[chizle97]

Well from experience, just tell the truth to anyone who wants to know. I had some trouble with the law a few years back and I tried to get out on Illegal search and seziure but ended up getting a harsher punishment because of it. Hope it all turnes out well..

BTW .14!?! DAMN!

[PyRo]

The police on long island are pretty nice. I don't remember them ever breaking up a party. They will come by and tell you to be quiet, and if they have to come back then there is going to be trouble.
One time we were at the beach, and a few of us were drinking. Cop came up, half of us have a beer in our hand. The cop tells us to leave, and my drunk friend gets into a big argument with him. Eventually he gets into his car and we all go, the cop didn't care that he was obviously drunk.
The same kid 2 weeks later got a new car and he drove it about two miles home. The cop pulled him over gave him speeding, no registration, no inspection, no insurance, fake plate, and make him have the car towed.

Everything depends on the mood of the cop.

[PyRo]

Originally posted by chizle97
Well from experience, just tell the truth to anyone who wants to know. I had some trouble with the law a few years back and I tried to get out on Illegal search and seziure but ended up getting a harsher punishment because of it. Hope it all turnes out well..

BTW .14!?! DAMN!

Did have have a lawyer? Never try to get out on a technicality like that without a decent lawyer or you will just annoy them.

[shartley]

Punkncat-
Sorry but your thoughts on probable cause are wrong. And coming from a former police officer, I can clearly state that probable cause goes much farther than the few things you mentioned.

[BobTheCow]

Originally posted by ZSigErik
and having a house party.Wait, I'm confused too... simply having a party at a house is against the LAW?? :confused:

[punkncat]

Originally posted by shartley
Punkncat-
Sorry but your thoughts on probable cause are wrong. And coming from a former police officer, I can clearly state that probable cause goes much farther than the few things you mentioned.

Well I am no former police officer,and stand corrected.
I do know that probable cause is a huge grey area that police use to abuse peoples rights on a daily basis.
Thats what lawyers are for.

[shartley]

Originally posted by punkncat
Well I am no former police officer,and stand corrected.
I do know that probable cause is a huge grey area that police use to abuse peoples rights on a daily basis.
Thats what lawyers are for.
I will agree that at times the police may end up abusing someone’s rights, but I also know that MOST are not out to do so. But I am also a huge believer in people’s rights, and if anyone (to include the police) step on your rights, people need to do something about it. Heck, even I had my civil rights violated by the police (after I was no longer an officer… and they didn’t KNOW I used to be one). So I know it happens. And I know the roof was raised when mine were. ;)

I think the big problem is that it is far easier to be a criminal (or to simply break laws whenever it is convenient) than it is to enforce them.

[punkncat]

I am not trying to say that all police do this by any means.
I do think that as a police officer it is impossible to know every nuance of the law concerning every situation.So it is a lot of times easier for them to use what they can in order to get an arrest in a situation and then let the courts sort it out.
I also agree that our laws in many instances are set up to protect criminals.

[ZSigErik]

To answer a few things, the exact charge for my 3rd misdemeanor was "Open House Party". Also, with said comments about college and such, I am currently enlisted in the United States Marine Corps. My shipdate is June 28th, but I have yet to inform my recruiters about what happened.

Wow, I am really stupid, I just looked a post I made while I was drinking last night with some people, some close friends who were trying to make me feel better, and well, I sounded dumb in that post, so just ignore that post. I just said "post" alot, hmmmm, anyway. Thank you SHartley and everyone else, I feel a little better about the situation.