North Dakota
How do I get out of my North Dakota Minor Consumption/Possession?
I recently received a minor for possession and minor consumption in North Dakota and I am 20. I admitted to drinking that night but they didn't give me a Breathalyzer. I was also not read my Miranda rights at any time during my encounter with the offices or at my time in jail. This is my first minor and I would surely like to get out of it. Suggestions?
I recommend that you interview several Attorneys
You need Attorneys who have a great deal of recent, successful experience defending charges of minor in possession and minor consumption.
Hire the Attorney that you think is best.
You have an excellent chance of having your statement to the Police Officer excluded at trial.
The Police Officer can still testify about what he observed, however without your admission it will be a much more challenging case for the DA to prosecute.
If this is your first offense and you are 20, I would say that you are not a problem drinker. If you were a problem you would have multiple arrests and convictions by now.
Also, you are almost 21 anyhow.
You really should not have a conviction for this on your record.
The fact that you have never offended before is a huge factor in your favor.
You really need a good experienced Defense Attorney who has a great deal of recent, successful experience in the jurisdiction where you were arrested.
If you hire a good Attorney to represent you in court and at trial you will probably win.
However if you do not hire the Attorney, you will probably lose.
I recommend that you hire the Attorney and win this one.
(Edit) Another responder who works in law enforcement said that you cannot get out of this.
Actually whether you can win depends on the quality and the experience of the Attorney that you hire.
Remember for a charge this serious you have a right to a jury trial.
For a charge this serious I would demand a jury trial.
I know North Dakota well. I have many relatives in North Dakota.
A good experienced Attorney in North Dakota will have no trouble selecting a jury who will refuse to convict a 20 year old man who has never been in trouble before, of having a few drinks.
Fortunately If you have a good Attorney who the DA knows can win a jury trial and makes it clear that you definitely will take this to a jury, many District Attorneys will give up at that point because they know a good experienced Attorney with lots of jury Trial experience will win this one if it goes to a jury.
Many District Attorneys will consider the fact that you have never been in trouble before, you are almost legal, the DA has much more serious offenses to deal with, and the DA is likely to be embarrassed in court by your Attorney. (The embarassment factor for the DA is a big one)
Many District Attorneys will throw in the towel at that point and refuse to file charges against you or drop the charges if they have already been filed.