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Law Advice (for 19 year old Girlfriend)

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hamilshred

Jul 30, 12 7:47

Post #1 of 32 (1831 views)

Law Advice (for 19 year old Girlfriend)	Quote \| Reply

Okay so my g.f. was caught at a bar with a fake id(in NJ). I know stupid, she should'nt be drinking at a bar she is 19. She was charged with two things 2C:33-15, 2C:29-3B(2). I think they are underage drinking and giving false information to an officer. Her court date is August 15th, she goes to a good college, volunteers, works and has a clean record.

So is it worth it to fork up the extra cash for a lawyer? She doesnt have that much money so it could be tough but if it is definitely worth it we could do it.

Thanks for the help.

by the way im a long time followe of st (cat 3 cyclist and on/off triathlete) but just started contributing. not sure if this is an inappropriate post or not.

iO4

Jul 30, 12 7:49

Post #2 of 32 (1817 views)

Re: Law Advice (for 19 year old Girlfriend) [hamilshred] [In reply to]	Quote \| Reply

Get a lawyer.
----
Don't hold back

hamilshred

Jul 30, 12 7:50

Post #3 of 32 (1812 views)

Re: Law Advice (for 19 year old Girlfriend) [jO4] [In reply to]	Quote \| Reply

thanks. Also meant to ask if anyone had any idea of how much a lawyer would cost or what she could be looking at in fines

TashaSkippy

Jul 30, 12 7:51

Post #4 of 32 (1812 views)

Re: Law Advice (for 19 year old Girlfriend) [hamilshred] [In reply to]	Quote \| Reply

Underage drinking isn't a big deal.

I would think that giving false information to a police officer is a big deal. Talk to a lawyer.

And tell your girlfriend to not lie to cops. It is one thing to remain silent and assert ones rights, but another thing to lie to them.

hamilshred

Jul 30, 12 7:53

Post #5 of 32 (1802 views)

Re: Law Advice (for 19 year old Girlfriend) [TashaSkippy] [In reply to]	Quote \| Reply

I believe the charge is providing false information because she told the guy checking ids that the id was real and he told the officer. Not that she actually lied to the police. They gave her this charge of providing false information instead of the fake id charge from what i understand

iO4

Jul 30, 12 7:55

Post #6 of 32 (1796 views)

Re: Law Advice (for 19 year old Girlfriend) [hamilshred] [In reply to]	Quote \| Reply

I have no idea what it would cost but it will cost what it costs. I can tell you she is not going to want a lying to cops charge (or whatever she will have to explain to potential employers) on her record as that will haunt her at job searches for the rest of her life. Employers probably don't care about underage drinking so much but something on your record involving dishonesty is not good. Find a lawyer and pay whatever it takes to get whatever you can...then do whatever it takes to get it expunged later if possible.
----
Don't hold back

(This post was edited by jO4 on Jul 30, 12 7:56)

Rambler

Jul 30, 12 7:57

Post #7 of 32 (1793 views)

Re: Law Advice (for 19 year old Girlfriend) [hamilshred] [In reply to]	Quote \| Reply

In my jurisdiction she would qualify for a public defender. Some jurisdictions will request information on parents earnings if they are helping her with school, that would mean informing her parents.

steveperx

Jul 30, 12 7:59

Post #8 of 32 (1786 views)

Re: Law Advice (for 19 year old Girlfriend) [hamilshred] [In reply to]	Quote \| Reply

Yeah... Don't rely on us Slowtwitch lawyers... I'm guessing most of us (present company included) are not familiar with these laws. She needs to talk to a NJ lawyer who deals in these types of cases.

-------------------------------------
Steve Perkins

hamilshred

Jul 30, 12 8:41

Post #9 of 32 (1710 views)

Re: Law Advice (for 19 year old Girlfriend) [steveperx] [In reply to]	Quote \| Reply

thanks everyone. ill make sure she finds a lawyer or sees if she is eligible for a public defender.

MJuric

Jul 30, 12 9:06

Post #10 of 32 (1676 views)

Re: Law Advice (for 19 year old Girlfriend) [hamilshred] [In reply to]	Quote \| Reply

Going to court without a lawyer is like going to a baseball game without a glove or a bat. You can still play...but the odds of you winning go WAY down :-)

~Matt

Desiderata

Jul 30, 12 9:18

Post #11 of 32 (1654 views)

Re: Law Advice (for 19 year old Girlfriend) [hamilshred] [In reply to]	Quote \| Reply

Also help her to set her expectations: getting a lawyer doesn't mean she's going to get off scott free. A lawyer will likely help her plea bargain to a lesser charge that won't stick with her for long or have to be reported to employers, etc.

That said, maybe NJ has a diversionary program for first-time offenders like her. Such things typically require her to plead guilty but the conviction is supended for one year. If she stays out of trouble for that entire year, the conviction is dismissed.

A lawyer (private or public defender) will know all about these things.

__________________________________________________
"The whole problem with the world is that fools and fanatics are always so certain of themselves, but wiser people so full of doubts." -- Bertrand Russell

timboricki

Jul 30, 12 9:28

Post #12 of 32 (1624 views)

Re: Law Advice (for 19 year old Girlfriend) [hamilshred] [In reply to]	Quote \| Reply

Tell her to go to that person that is giving away a free t-shirt for applying for a new credit card and sign up ASAP. If she doesn't have the money right now, she will be better off with a little debt on a crappy credit card than she will be with an arrest record.
(I also think that since 9/11, there have been some changes to false identification laws and being caught with one can be a really big deal).

Duffy

Jul 30, 12 9:36

Post #13 of 32 (1601 views)

Re: Law Advice (for 19 year old Girlfriend) [hamilshred] [In reply to]	Quote \| Reply

Dude, you have a 19 year old GF. We should be getting advice from you.

____________________________________________________
"This hip-hoppers ended up tightly connected with basketball along with highway dances."

dwindrim

Jul 30, 12 9:40

Post #14 of 32 (1592 views)

Re: Law Advice (for 19 year old Girlfriend) [hamilshred] [In reply to]	Quote \| Reply

Check and see if the college offers any free legal services. I know we took advantage of this during a rental issue when I was in school. I'm sure they will be very familiar with the charges your gf is facing.

duffman

Jul 30, 12 9:50

Post #15 of 32 (1571 views)

Re: Law Advice (for 19 year old Girlfriend) [hamilshred] [In reply to]	Quote \| Reply

I know very little about the specific issue of underage drinking and lying to a cop, but I'll give you an n=1

I was followed by a cop a few years ago, and eventually pulled over and given three tickets for rolling a stop sign, illegal left turn, and running a red light (incomplete stop during a right turn). Oh I was on my bike. I talked to a couple of lawyers, and it sounded like they wouldn't do anything for less than $500. I went to the court date alone, and basically the DA is there trying to keep people from going to trial. He reduced the original tickets/fine from $600 to $210 and made sure it wouldn't go on my record (by changing the charge to actions above while on a bike, which doesn't affect driving record).

So I would suggest she just show up and see what happens. Then if she wants to pursue a trial get a lawyer. Again this may be terrible advice though since these charges may be different.
__________________________

Oh yeah!

hamilshred

Jul 30, 12 10:22

Post #16 of 32 (1522 views)

Re: Law Advice (for 19 year old Girlfriend) [duffman] [In reply to]	Quote \| Reply

thanks for the advice and comments.

duffman.. sorry to hear about your run in with the law. I have heard of getting tickets before while riding but nothing that bad. At least you made out okay considering

i think im looking into this more than her. maybe she doesnt understand the severity of the charges. ill def look into what options are available as far as representation is concerned

hamilshred

Jul 30, 12 10:24

Post #17 of 32 (1520 views)

Re: Law Advice (for 19 year old Girlfriend) [hamilshred] [In reply to]	Quote \| Reply

lol duffy.. but im not too old, 23

SpicedRum

Jul 30, 12 10:37

Post #18 of 32 (1492 views)

Re: Law Advice (for 19 year old Girlfriend) [hamilshred] [In reply to]	Quote \| Reply

She should be able to talk to a defense attorney and they'll tell her what it will cost.

From my experience (underage drinking a long time ago), I found an attorney, paid him and he made it go away. Most jurisdictions aren't going to waste time/money pursuing that if you have a lawyer.

She might also be able to work some deal (if they chose to pursue it) with turning in who she got the fake id from to have the issue go away.

Record10Carbon

Jul 30, 12 10:37

Post #19 of 32 (1491 views)

Re: Law Advice (for 19 year old Girlfriend) [Duffy] [In reply to]	Quote \| Reply

Duffy wrote:

Dude, you have a 19 year old GF. We should be getting advice from you.

Haha ha ha ha ha ha haha!
----------------------------------------------------------

What if the Hokey Pokey is what it is all about?

rick_pcfl

Jul 30, 12 10:39

Post #20 of 32 (1484 views)

Re: Law Advice (for 19 year old Girlfriend) [Record10Carbon] [In reply to]	Quote \| Reply

I wonder if she is a gymnast.
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Rick Smith - Founder of Bus Bulletin
Parent notification software designed for pupil transportation ~ Providing information while it still matters.
http://www.BusBulletin.com

STP

Jul 30, 12 11:34

Post #21 of 32 (1398 views)

Re: Law Advice (for 19 year old Girlfriend) [hamilshred] [In reply to]	Quote \| Reply

Giving a fake ID to a police officer and lying about your idenity is a pretty big deal - either a high misdemeanor or lower class felony. While its unlikely it will go this far, in most states the max penalty is a number of years in jail (5 year max is common) and a big fine (Thousands not hundreds). Contrast that with plain old under aged drinking which usually has no jail time for a 1st offender and just 30-60 days max for a second offense. Its like the difference between just getting a ticket and getting in an accident.

She probably won't go to prison but any time it is a possiblilty, even if remote, its a good idea to have a lawyer.

Again, the false id/lying to the police officer penalties above are the the max and it should not be that hard to avoid going up the river but it is a whole different class of crime than under age drinking and they will use it as leverage against her to get more money out of her. She's starting in a bit of a hole and I would like to have a lawyer at my side when the negotiations start. A lawyer will also know about any available diversion plans and other tricks to get her off or reduce the penalty.

Mendeldave

Jul 30, 12 11:57

Post #22 of 32 (1357 views)

Re: Law Advice (for 19 year old Girlfriend) [hamilshred] [In reply to]	Quote \| Reply

What's with all the responsibility dodging on ST? Sucks you have to be 21+ to drink here, but it IS the law.

Having said that, I'd want her to get a lawyer if she were my 19 year old gf. Also, this happens all the time. I bet she just gets a fine, maybe some "probation" or forced to take an alcoholism course (not suggesting she's an alcoholic, but I've heard underage kids getting forced into those classes once caught). And probably a lawyer could help getting that fine to be small, or maybe less if there IS some kind of course she attends.

Good luck

~~~~~~~~~
Team SunRype
Brooklyn Tri Club (coach)
Empire Tri Club (coach)

(This post was edited by Mendeldave on Jul 30, 12 11:57)

instigator

Jul 30, 12 11:58

Post #23 of 32 (1353 views)

Re: Law Advice (for 19 year old Girlfriend) [hamilshred] [In reply to]	Quote \| Reply

Not sure where she goes to school but some large schools have lawyers on staff to offer free to low cost advice to students. She should ask around to see if her school has such staff. I would have never thought this was offered but I have a friend who is employed at a large Florida school in such a role.

timboricki

Jul 30, 12 15:33

Post #24 of 32 (1219 views)

Re: Law Advice (for 19 year old Girlfriend) [rick_pcfl] [In reply to]	Quote \| Reply

rick_pcfl wrote:

I wonder if she is a gymnast.

This thread is useless without pictures. Who doesn't want to see a 19 year old party girl in handcuffs?

OakCliffTri

Jul 30, 12 21:21

Post #25 of 32 (1085 views)

Re: Law Advice (for 19 year old Girlfriend) [hamilshred] [In reply to]	Quote \| Reply

I'm a Texas attorney so my answer is based on Texas criminal law knowledge. The fail to ID, or providing false info COULD be a serious charge, but if she wasn't arrested it might not be considered that seriously up there. Hire an attorney. The attorney should aim for a dismissal or at worst a deferred disposition/adjudication. This results in a small fine and a short probation period. Once successfully completed, the charge(s) will be dismissed.

Not a really big deal most likely but ANY criminal trouble will haunt you.

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