Now it seems pretty stupid that I brought this here but I'm sure @joonze probably had to go through something like this when he was about 8 or 9.

Not reading Miranda rights doesn't matter, surprisingly....good luck.

I was a public defender for several years. It is really obnoxious to say they all suck. I worked weekends and over much of my lunch hours. I would tell you the answer but apparently I am too stupid to answer your question.

Piss on their faces.

@JNap05 said:

Miranda rights for an underage citation, lol...you watch too many movies.

if you're 18 and over, which I'm assuming superballin is, it used to be that no matter what, they had to read you you're rights. didn't matter what the crime was. i once got read my miranda rights read to me for throwing pumpkins out of car windows.

I know, its not fair but pardon my french when I say you need to wise the f*** up and swallow your pride Mr. "hard ass when it comes to dealing with authority". In a perfect world your rights would be observed to the fullest extent and everything would have been 100% by the books...but this isn't a perfect world is it? Your buddy seemed to know that the correct answer was to power stroke their egos so they could get off on their little power trip and in return he got off scott free. He knew to play the game, show a little respect, and smile. I suggest you do the same next time because 9 times out of 10 they will let you off for something so minor if you're cooperative and polite. And you don't need a law degree to have that bit of common sense my friend.

Get the DA's number and call him/her tell the DA your story say you want to work out a plee bargain and see what the reply is! Good luck! Can't be that big of a ticket!

just on second thought,

What exactly were you given? Were you arrested or did they just lock you up for a few hours and release you on the same charge your friend got? I'm assuming you charge was worse than a simple citation.

If all it was was a citation and you weren't actually arrested then I wouldn't hire a lawyer.

@mgh2001 said:

just on second thought,

What exactly were you given? Were you arrested or did they just lock you up for a few hours and release you on the same charge your friend got? I'm assuming you charge was worse than a simple citation.

If all it was was a citation and you weren't actually arrested then I wouldn't hire a lawyer.

I would assume if he had to pay bail he was arrested. But your first post about getting a lawyer is probably a good idea. At least talk to one, that is usually free. I am currently suing my old landlord and it is starting to look like they are going to settle because of a friend of a friend's power within the West LA City Council.

Sounds like best idea would've been to keep your mouth shut and hand over the beer...

The judge will tell you to "keep off the stuff till you're old enough"

I'm not sure of all the wrinkles here, but "Miranda rights" just has to do with custodial interrogation where they are going to use your own words against you (that is, a "confession" .

So this sounds more like a "search and seizure" type issue, rather than "Miranda rights".

You probably should consult with a lawyer. It also sounds more like a citation for a violation (non-criminal infraction, not at a misdemeanor level). But in terms of dealing with the "ticket" and getting the least amount of bad consequences in the future (e.g., arrest reports, not having to check "convicted of a crime" on job applications, the amount of the fine, etc.), consulting a lawyer in Massachusetts before the return date of the ticket sounds like a worthwhile idea.

But I think you're barking up the wrong tree with Miranda. They don't want to introduce your testimony under interrogation. The confiscation of the beer and your underage status, not your words, "speak for themselves".

You should probably also look at the flex your rights videos in tips of how to deal with police and street searches, probable cause, etc. Being polite and not losing your cool is helpful.

First off, don't knock public defenders. You probably don't even qualify for one. If anyone on a public forum is going to give you free legal advice, it would probably be a PD.
Second, what were you actually charged with? What are you defending yourself against?
Third, I am not a lawyer. I work in the media and do a lot of work in Wisconsin courts. My opinion is that you have very little legal ground to stand on since you opened your bag. The Miranda thing probably won't get you anywhere in this particular case. You can always try contacting the ACLU in that regard. That's their specialty. They might have advice for you, or they might just take your information.
Whomever suggested you ask for a warrant was dead on. If you don't want them to search you, as Miranda says, have the right to remain silent. Police need probable cause to search your belongings. If you were on a private school campus, that line may blur since you are on their property.
Someone else suggested you call the DA and try to talk out a plea. Believe me, DA's are swamped. If they can spend one less case time in court, they're liable to do so. Your offense if probably minor enough that they'd slap you with a fine and call it a day.

Tl;dr

If your a minor in possesoin of alcohol its not even a charge? its a voilation?
I had 3 of them before 21 and had to pay a fine. but i havent been a minor in 10yrs and i live in ny.

If you got charge with giving a minor alchol lawyer up!

Edit: your not gonna beat a charge on miranda rites unless the you have witness's to testify and in order to get witness's to testify you need a lawyer.

I suggest eating the charge and chalking up to expiernce!

I got 3 of these same type of violations in college. I know it's easier said than done, but dont freak out. I stressed and stressed and stressed...as long as you have a relatively clean record you'll get diversion, or whatever MA version of that is. Couple classes, a fine, and a stern "don't do it again".

Someone said it earlier...just swallow your f***ing pride and tell the cops what they want to here. Yes sir, no sir, thank you sir. Fighting only makes it worse.

I think that in some states if you are caught with alcohol and you're under 21, you can lose your drivers license until you're 21.

@charliefogg said:

I think that in some states if you are caught with alcohol and you're under 21, you can lose your drivers license until you're 21.

So they give you your driver's license back when you can openly drink as much as you want? I'm not doubting you at all, but that's just crazy.

Now I wish I didn't take this to .net

@Superballin said:

Now it seems pretty stupid that I brought this here but I'm sure @joonze probably had to go through something like this when he was about 8 or 9.

i was behind you 100% okay, really just 35% when i read your second post....dont assume, cause it makes an "ass" out of "u" and "me".....

i only drank once before i was of legal age and it was not a good experience....

now that, thats behind us....

I learned very young that you don't be a dick to a cop or rent a cop....they have a hard enough job as it is...they don't want a fresh mouthed teen telling them their job.....it was beer/alcohol, they most likely would have just let you go like they did your friend....don't think your entitled to anything...you broke the law and got busted...man up....that will teach you character and respect for the law....
okay, enough for the grilling.....i understand your being upset...its really not that bad....

my first step would be to write an apology to the school cops and the local law officer that arrested you and be sincere.... also contact the procesucetor and explain that you felt intimidated and were just speaking nervously....it goes a long way....and you have nothing to lose...
I'm not sure what state you have a DL in, but in NJ, there is zero tolerance for minors and if you have alcohol, you can lose your licence even if your not in a car....

I read most of your opening post and none of the rest of the thread but it's safe to say you're looking at at least 25 years in prison, fan. Possession of alcohol by a minor is about as serious as they come. If you had more than a 6 pack it would probably be a lethal injection.

Without reading anyone else's responses, from my own experience and what I know, I will say this.

Where I went to college, it was the same deal, granted our security were all state cops, but regardless, it is university property. I remember specifically being told during orientation that university authority figures as well as (obviously) cops have a right to search your bag. From my standpoint, you were completely in the wrong, you weren't at a public place, you were on university grounds, where rules are different. They are always going to be lenient if you cooperate. If you just gave in they wouldn't of even called the cops, because THEY aren't cops, they are just enforcing the campus rules. One big reason why I tried to always just stuff all my pockets filled with beer instead of carrying a backpack. Security/cops always look for the backpack.

In terms of the Miranda rights thing. If you aren't being arrested or charged with a crime, they don't have to read them to you. The police have I believe up to 24 hours to hold you without charging you for a crime, before they have to let you go. Now if you were arrested for a crime, they have to read your rights. Possession of alcohol by a minor is not an arrest-able crime, it's just a ticket, so they must have taken you in for another reason. Are you a under 18?

dumb

Oh, and if you're actually in violation of a law, probably not a good idea to get an attitude with a cop. I respect you standing up for your rights but common sense has to take over as some point

I would get a lawyer, sounds serious. I heard if they don't read you miranda rights, it's a good chance your just getting locked up........abroad.

If you want to avoid getting caught by some dumbass college security guy, you say you're leaving the campus and you take you drinks elsewhere. DONT ARGUE! These f***ers are looking for any excuse to give themselves a Power Trip. They love f***ing with young "punks". As for Public Defenders, my Dad is a lawyer and he would take most Public Defenders over Lawyers in a genuine situation. If you dont want to use their services, get a lawyer and pay out the ass per hour. Because thats how it works. Most Public Defenders work hard to try and create the best possible outcome for people who cannot just purchase a lawyers time with a snap of a finger. Those people are really great. They know the judges, they know the law and the know how to help. Dont diss, and dont stand around with your finger up your ass running your mouth if you want to be a Rebel to some College security. I'm pretty sure most of us know the outcome of that situation. If you gotta run to keep your booze, than run. If you gotta swallow your pride and get a small fine, just do it. Because pride is not worth waiting in court and 2X the cash. Ya dig? If anything good can come out of this, its that next time you'll make a better decision. Sorry this happened, but you have to realize that most Cops and Security look for ANY reason to f*** with people. Not saying they're all bad, but am saying its their job to apply the law and make money. Dont help them do that any more than already could. So you see, by not talking back, you're saving yourself time, money and not giving them the satisfaction of locking up some teenager for trying to have fun.

Pibbs