Yeah - Virginia is what I figured. If a minor has alcohol in them it's considered "in possession". And to all those who insist there's more to the story, please keep yourself out of Virginia while drinking. It is literally the nightly rounds that these cops do. My school had to intervene and tell the cops they had to stop doing ARRESTING kids for public intoxication because, in response, DUIs were increasing. Just make sure he doesn't lie about anything now or in the future and no one will care. |
| I know that Virginia Tech started sending undercover ABC cops to football TAILGATES (that certainly didn’t happen when I was there). I have heard of many people getting citations while innocently at an event in the last couple of years. I am not surprised. |
| Sorry, the state started sending undercover cops to Virginia Tech tailgates. I doubt the school has any say in the matter or requested it. |
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Op, in a week or so your student will receive an avalanche of letters from lawyers advertising their services. My firm used to send them, but we work mostly on word of mouth now. Talk to a few of those. You can also ask friends and family for referrals for criminal defense attorneys - you want someone in court daily, not someone who mostly does real estate and the occasional speeding ticket. The hope in these cases is to get something expungable, but that is not always possible. Dismissal is likely with the correct preparation. Eventual expungment is possible, but not a given.
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OP here. There isn't more to this story. I had my son write out a full statement and told him to be unsparingly honest about any and all details. The facts are: he was drinking at a house party. He walked out the front door to find his roommate (who was actually still inside the house), and made eye contact with a police officer who was waiting on the sidewalk. The officer told him to come over to him, which my son did. The officer told him he was inebriated, and my son didn't contradict him or in any way talk back. There was no profanity at all. The officer gave him a breathalyzer test, after which he told him he was under arrest, put him in handcuffs, and drove him to the station. That was the extent of the encounter. My son wasn't acting disruptive, loud, disorderly, or in any way inappropriately - though he fully admits he was drunk. I spoke with a couple of lawyers in this town today and one of them said she knows the arresting officer and that he does this kind of thing often - waits for an unsuspecting kid to come out of a house or apartment building, and then charges them. |
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When my son's roommate got caught with a fake ID they called a lawyer in town and he said if he was with friends he give a 10% discount for each extra kid refers. There were 3 of them so he got a 20% discount.
White dudes getting rich off fake crimes. |
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| Happened to me 3x in college. Not public intoxication but underage drinking. I didn’t even tell my parents but called the law schools legal clinic that handled the whole thing. |
OP here and nowhere did I say my son is "blameless" - I said he (and we) take full responsibility for the fact that he was drinking underage. Period. The charges weren't disorderly conduct or urinating in public. One attorney advised him to go to the police station and request a copy of the police report so we can see exactly what the arresting officer witnessed. And we'd also like to see the body camera footage as well, as hopefully that will confirm that he wasn't acting belligerent in any way. Yes, this is absolutely a teachable moment. I agree with you there. |
No, he wasn't carrying anything. "Possession" apparently can refer to simply having ingested alcohol. |
| Get a lawyer and try to get it dismissed. These things can haunt a kid - police, security clearances, jobs and insurance. The cop that arrested him is likely a town bully who hates college kids. So he needs to watch out for Officer so and so. |
| Was your DS at an OFF campus house when this incident occurred? Was this in Williamsburg? |
VA Tech was my first thought too. They are notorious for watching kids at tailgates and anyone walking around with an open container. |
So the police can get a complaint about a loud house party. They will screen people as they leave. They look for anyone who looks underage and drunk. Just tell us the state and you can get a lot more information. |
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