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MIP charge and a different charge by the school

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largewolf45

Junior Member
What is the name of your state? colorado

ok this is kinda a wierd charge but i need some advice.

ok i gave my friend some alcohol at a basketball game this was on a fri night. my friend "BOB" gave it to his friend "Jill" who took it home. both bob and jill are in band, so on sat the band went to a concert. jill had brought the alcohol back onto the bus and they drank it. they through away the contaner in the buses garbage can

ok so they get caught, and they tell on me. so i get called in a charged wit distributing alcohol by the princibal. well, no money was exchanged, but i did admit to giving it to bob. well bob and jill both clamed i distribute alcohol. i dont realy, i have given stuff to a couple people, but never at school before. and i olnly mean 2 other times. so cops get called and i get charged with a minor in possion. they clamed they had taps, witch i never saw. i have no problem admiting that i did have it, cuz i didnt want to make it any worse. however heres the deal. the kid bob, was suspended for 10 days as was jill and so was i. anougher girl who had been drinking on the bus, was only suspended for 5 days, and not expelled. im pretty shure that bob and jill are gonna get expelled due to the fact that they were the main drinkers on the bus. i however am being told that i might be expelled, wich i realy dont want to be. i have never been in trouble with the school before, in fact my school record is clean except for this, as to the law i have been in trouble 1 before.
i am well liked by most of the staff in this school, and many think that me getting expelled would be pardon my language but crap. i gess my question is who is at wores falt me or bob and jill. and what should i prepare for the mip charges, like what can i expect

thx for any advice
 


largewolf45

Junior Member
undergroundthry said:
Oh boy. This won't really help your emancipation.

I believe this is primarily your fault for posessing alcohol under the legal age.




i no and i have no problem admiting this.
question. the police never read me my rights, could or should i use this in court
 

undergroundthry

Junior Member
Were you cuffed and taken to the station?

Here's what the Miranda Rights are:

"The Fifth Amendment to the United States Constitution states that no person shall be compelled in any criminal case to be a witness against himself. Based on this right, the Supreme Court has determined that criminal suspects cannot be subject to custodial interrogations without first being informed of their constitutional rights to remain silent and to have defense counsel. When a suspect is taken into custody, the Miranda warnings must be given before any interrogation takes place.

The primary purpose of the Miranda warnings is to ensure that an accused is aware of the constitutional right to remain silent before making statements to the police. Two conditions must be satisfied in order to invoke the warnings constitutionally required by Miranda. First, the suspect must have been in custody; second, the suspect must have been subjected to police interrogation. The definition of interrogation extends only to words or actions on the part of police officers that they should have known were reasonably likely to elicit an incriminating response.

A custodial interrogation is questioning initiated by law enforcement officers after a person has been taken into custody or otherwise deprived of his freedom of action in any significant way. With this in mind, what has come to be known as Miranda warnings are not only necessary in the classic arrest situation, but also serve to protect persons in all settings in which their freedom of action is curtailed in any significant way from being compelled to incriminate themselves. The initial determination of custody depends on the objective circumstances of the interrogation, not on the subjective views harbored by either the interrogating officers or the person being questioned. Thus, the only relevant inquiry is how a reasonable man in the suspect's position would have understood his situation.

There are a few caveats: For instance, a "noncustodial interrogation" will not require Miranda warnings simply because the interrogation took place in a coercive environment. Otherwise, any interview of one suspected of a crime by a police officer will have coercive aspects to it, simply by virtue of the fact that the police officer is part of a law enforcement system which may ultimately cause the suspect to be charged with a crime. In addition, a noncustodial interview is not transformed into a custodial one simply because the questioning takes place in the station house, or because the questioned person is one whom the police suspect." (http://www.legal-database.com/miranda-rights.htm)
 

Wolflmg

Member
largewolf45 said:
What is the name of your state? colorado

ok this is kinda a wierd charge but i need some advice.

ok i gave my friend some alcohol at a basketball game this was on a fri night. my friend "BOB" gave it to his friend "Jill" who took it home. both bob and jill are in band, so on sat the band went to a concert. jill had brought the alcohol back onto the bus and they drank it. they through away the contaner in the buses garbage can

ok so they get caught, and they tell on me. so i get called in a charged wit distributing alcohol by the princibal. well, no money was exchanged, but i did admit to giving it to bob. well bob and jill both clamed i distribute alcohol. i dont realy, i have given stuff to a couple people, but never at school before. and i olnly mean 2 other times. so cops get called and i get charged with a minor in possion. they clamed they had taps, witch i never saw. i have no problem admiting that i did have it, cuz i didnt want to make it any worse. however heres the deal. the kid bob, was suspended for 10 days as was jill and so was i. anougher girl who had been drinking on the bus, was only suspended for 5 days, and not expelled. im pretty shure that bob and jill are gonna get expelled due to the fact that they were the main drinkers on the bus. i however am being told that i might be expelled, wich i realy dont want to be. i have never been in trouble with the school before, in fact my school record is clean except for this, as to the law i have been in trouble 1 before.
i am well liked by most of the staff in this school, and many think that me getting expelled would be pardon my language but crap. i gess my question is who is at wores falt me or bob and jill. and what should i prepare for the mip charges, like what can i expect

thx for any advice


Just because you have a clean record doesn't mean you'll get off easy. Back when I was in high school, there was this kid, he was very involved in the school, got good grades and a nice guy. But one day he made a jokeingly comment, some kid over heard it, because that kid thought it was for real. Because of the kind of comment it was the school had no choice but to exspell him and he was not allowed to return to the school.
 

stealth2

Under the Radar Member
Dude - what makes you think you're less at fault? If you hadn't given it to them, they wouldn't have been drinking your booze.
 

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