Always speak to a lawyer before you decide to plead guilty! With the facts you have given it seems as if your case could be dismissed completely. A lawyer will analyze the facts and apply the law to your situation; once this is presented to the DA your case could be dropped.

Answer Applies to: California
Replied: 9/6/2011

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That is a decision that is made by the District Attorney or City Attorney who is responsible for prosecuting the case. However, a good defense attorney can make a bid difference by presenting favorable facts and argument at an early stage, before the decision has been made to file or drop the charges.

Answer Applies to: California
Replied: 9/6/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

To be found guilty of minor in possession of alcohol the container need not be open and you do not have to be holding the container. All that needs to be proven is that you had control of the container. This can be shown by the container being in the same part of the car as you. The officer has to have probable cause to search. If no probable cause and the item was not in plain sight the search is illegal. If you want to fight this case you need to first talk with an Attorney. The attorney can go over the facts with you and tell you what your options are.

Answer Applies to: California
Replied: 9/5/2011

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The good news is yes the charges can be dismissed by the prosecutor if there is insufficient evidence or any other reason they want to dismiss them for. As to the fact that you were not drinking, it is helpful but it is not an element of the crime so you can still be convicted of possessing the alcohol. As to the search issue these matters are very complicated and they are based on the totality of the circumstances. You should contact a criminal defense attorney who get all the facts and help you with the suppression issue.

Answer Applies to: California
Replied: 9/5/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

I'm sorry this happened to you. You need to set the case for trial. Based on the facts you've laid out, they may not be able to show you were in possession. Consent is not necessary to search as long as there is probable cause and the officer always manages to come up with something. However, the DUI is not your problem. If you have a defense you might prevail even if your friend doesn't.

Answer Applies to: California
Replied: 9/4/2011

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Since you were not the driver nor was it your car you do not have standing to object to a illegal search of another's car. However, these factors would suggest you did not possess alcohol merely because you were in the car.

Answer Applies to: California
Replied: 9/3/2011

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Yes, but you'll need an attorney, especially to address the 4th Amendment issue. MIP can result in a 1 year suspension of your license, so don't take it lightly. A skilled attorney may be able to work out some kind of plea bargain where your charge ultimately gets dismissed.

Answer Applies to: California
Replied: 9/2/2011

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Yea, but there must be legal support for the position (statutory and case law on the subject). You should hire an attorney if possible. Hire one who will investigate your case and file any necessary motions to attempt to have the case dismissed or evidence suppressed.

Answer Applies to: California
Replied: 9/2/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

You don't have to be drinking for a minor in possession charge but if more than one person in the car they will have to prove it was yours. Yes plead not guilty as you weren't in possession, someone else was.

Answer Applies to: California
Replied: 9/2/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.