Lawyers- help!!

[WVU alpha phi]

I have no idea what I'm going to do. This is kind of a long story so bear with me and please, any advice you can give me I would GREATLY appreciate!

A month ago, I got an open container citation in Morgantown. I have a really good fake ID, and I was drunk and not thinking, and gave that to the cop. I'll be 21 in a few weeks. I went and paid a $135 fine the next day and was told my numerous people that it was over and done with, so I didn't bother telling the girl whose ID it is.

A few days ago, I get a call from her saying she's getting in trouble with WVU for the open container, and we need to talk about it. We agreed that she'd say she lost her wallet last year (how I got the ID). I remembered that I put my cell phone number as the contact number on the citation, AND I paid with my own credit card. But my main concern was her getting out of control, so I told her do whatever she had to do and I'd deal with the repercussions.

She went and spoke to the police on Monday, explained her situation, and called and told me that they were pretty casual with her, so she didn't think they'd persue it anymore, especially since they already got their money.

I got a call from the police today. I ended up telling the officer everything (I said a friend had given me the ID and I couldn't remember who it is). He was very nice about it and told me the more I cooperate, the less severe my punishment will be. He was also surprised to find out that I had gone and paid the fine. On Monday, I'm going in there to meet with him. He told me I'd probably be given another citation for a fake ID.

My friends are all saying to hire a lawyer and go in there, my parents want to meet with him this Friday (even though he told me he was busy all week), and my parents just keep saying "DON'T SIGN ANYTHING." I have absolutely no idea what to do. I don't know if I'm getting in more trouble Monday or what. I'm also scared if my parents go in there Friday, I come off looking childish, like I need Mommy and Daddy to come help me out.

Can anyone please shed some light on this situation??

[valkyrie]

I can't give you legal advice and I'm not familiar with the laws of your state blah blah blah disclaimer -- however, as a former criminal defense attorney I will say in no uncertain terms DO NOT SPEAK TO THE POLICE AND DO NOT SPEAK TO A PROSECUTOR, UNLESS YOU KNOW WHAT YOU'RE DOING.

I wouldn't worry about looking childish in front of the police, but I don't think having your parents come with you will accomplish anything. The reality is that you're on the hook for whatever you told the cop. Assuming you get the citation, you can try making a deal -- I doubt an attorney is necessary for that, again, if you know what you're doing.

At this point, your main concern is probably whether and how this will affect you later in life. My guess would be that it wouldn't be a big deal, but I have no idea. FWIW, the worst thing that ever happened to me for an unfortunate drunken college-age misdemeanor conviction was having to drive out to a courthouse in Iowa to try to get information about it when applying for the bar exam.

[EE-BO]

Listen to your parents.

You have already done the right thing by looking out for the owner of the original ID and letting the police know what you did. Valkyrie is right that you should let a professional handle these kinds of things from the start- but what is done is done, and you have at least been honest.

Let your parents get up there, talk to the police and handle any legal matters.

Just keep on being respectful in your future dealings in this matter and it will show- not only with your parents and attorney, but with the police and anyone in the prosecutor's office who handles this case.

Your parents and the attorney they select will handle the logistics and that makes a difference. An honest and respectful demeanor from you will also make a difference.

So just do your part to make this work out and whatever happens you can know it came out as best it could.

[BobbyTheDon]

Originally Posted by valkyrie

I can't give you legal advice and I'm not familiar with the laws of your state blah blah blah disclaimer -- however, as a former criminal defense attorney I will say in no uncertain terms DO NOT SPEAK TO THE POLICE AND DO NOT SPEAK TO A PROSECUTOR, UNLESS YOU KNOW WHAT YOU'RE DOING.

I wouldn't worry about looking childish in front of the police, but I don't think having your parents come with you will accomplish anything. The reality is that you're on the hook for whatever you told the cop. Assuming you get the citation, you can try making a deal -- I doubt an attorney is necessary for that, again, if you know what you're doing.

At this point, your main concern is probably whether and how this will affect you later in life. My guess would be that it wouldn't be a big deal, but I have no idea. FWIW, the worst thing that ever happened to me for an unfortunate drunken college-age misdemeanor conviction was having to drive out to a courthouse in Iowa to try to get information about it when applying for the bar exam.

Ok so...a certain poster should tell the bar about his mishap when he was 17.....involving drinking....at a baseball game....trying to sneak beer....into....an Angels game.... dot dot dot. oh crap.

Now I'll never be a lawyer!

[WVU alpha phi]

Originally Posted by valkyrie

I can't give you legal advice and I'm not familiar with the laws of your state blah blah blah disclaimer -- however, as a former criminal defense attorney I will say in no uncertain terms DO NOT SPEAK TO THE POLICE AND DO NOT SPEAK TO A PROSECUTOR, UNLESS YOU KNOW WHAT YOU'RE DOING.

I wouldn't worry about looking childish in front of the police, but I don't think having your parents come with you will accomplish anything. The reality is that you're on the hook for whatever you told the cop. Assuming you get the citation, you can try making a deal -- I doubt an attorney is necessary for that, again, if you know what you're doing.

I'm supposed to go to the station on Monday, I was going to go at it alone- no lawyers, no parents. But I have NO idea what I'm doing. I've never been in trouble (not even a speeding ticket) and I'm totally unfamiliar with any policies. WVU did just release a statement though talking about fines and stuff- it said a fake ID could cost up to $500 and will remain on your record for 7 years.

Am I held accountable for all the information I told the police today? It was over the phone, I haven't done anything face to face yet. Monday is supposed to "take care of things" I think. Now I'm worried I'll say something or sign something to sabotage myself.

[adpiucf]

GET A LAWYER.

There may a student advocate service on your campus who can refer you to someone.

ETA: I am not a lawyer, but if I were in this situation and I had to deal with police and prosectors, the first thing I would want to do is arm myself with protection and get someone with knowledge of the legal system to advocate for me and make sure that I got every possible opportunity to put this behind me so it doesn't follow me later on when I might apply to jobs, grad programs, loans, etc.

[FHwku]

http://www.findlaw.com/

[jon1856]

Two matters here:
1) GET A LAWYER. Or someone to help you get though this who knows the system and SOP's more than you do.
2) There is an issue that has not been touched here:

Originally Posted by WVU alpha phi

A month ago, I got an open container citation in Morgantown. I have a really good fake ID, and I was drunk and not thinking, and gave that to the cop. I'll be 21 in a few weeks. I went and paid a $135 fine the next day and was told my numerous people that it was over and done with, so I didn't bother telling the girl whose ID it is.

Your had a fake ID, had an open container and by your own posting were drunk.

Even if this happened a week weeks from now, you were still drunk, with an open container, and not thinking.

What ever happens next week, and I truly hope that it is nothing major, I do hope that this is a life experience that you do not forget anytime soon.
I too have been there, seen it, done it and remember it. Unfortunatly I know people who were in situations like that and matters got a great deal worse.
And there are some I knew who are no longer with us.....in part because they failed to remember..

[MysticCat]

Originally Posted by WVU alpha phi

. . . I went and paid a $135 fine the next day and was told my numerous people that it was over and done with, so I didn't bother telling the girl whose ID it is.

A few days ago, I get a call from her saying she's getting in trouble with WVU for the open container, and we need to talk about it. We agreed that she'd say she lost her wallet last year (how I got the ID). . . .

. . . I ended up telling the officer everything (I said a friend had given me the ID and I couldn't remember who it is).

I may be reading incorrectly here, so forgive me if I am, but I get the idea that there may be a few different versions of the story of how you got the ID floating around.

Get a lawyer, and tell that lawyer the truth -- the whole truth.

Good luck! Let us know how it goes.

[sugarplumfairy]

Originally Posted by WVU alpha phi

I'm supposed to go to the station on Monday, I was going to go at it alone- no lawyers, no parents. But I have NO idea what I'm doing. I've never been in trouble (not even a speeding ticket) and I'm totally unfamiliar with any policies. WVU did just release a statement though talking about fines and stuff- it said a fake ID could cost up to $500 and will remain on your record for 7 years.

Am I held accountable for all the information I told the police today? It was over the phone, I haven't done anything face to face yet. Monday is supposed to "take care of things" I think. Now I'm worried I'll say something or sign something to sabotage myself.

Everyone on here is giving you good advice...if you don't know what to do, get a lawyer, tell the police if they call you back that you don't want to say anything more without a lawyer.

That is what the experts get paid to do..answering the most innocent of questions can get you into big trouble

I wish you luck

[sugarplumfairy]

Originally Posted by MysticCat81

I may be reading incorrectly here, so forgive me if I am, but I get the idea that there may be a few different versions of the story of how you got the ID floating around.

Get a lawyer, and tell that lawyer the truth -- the whole truth.

Good luck! Let us know how it goes.

I second this!

[OtterXO]

I must give you the same disclaimer as valkyrie...I'm not in the position to give advice since I don't know the laws of your state or the specifics of your situation, yadda yadda yadda.

That being said, I think your BEST option is to at least talk to a lawyer. It may end up to be no big deal, but the only way you'll know that is to talk with someone with experience in the type of situation you're dealing with. One other thing, just because the officer was nonchalant on the phone doesn't mean HE even knew what he was talking about.

Just based on my personal (NOT legal) experience, it doesn't sound like you're in a huge amount of trouble, but I may be wrong. The only advice I'd give is to talk to a criminal defense attorney and figure out what you might be faced with on Monday.

I'm not certain of the laws in your state, but in California you would possibly be cited for a minor in possession (MIP) as well as the fake ID. I have a friend who received one of these in college and although they're a hassle, not a HUGE deal. Just be happy you weren't driving when all of this happened like my friend was....that adds a wrench into the situation.

[_Opi_]

If you don't know what your rights are in that situation - Get a lawyer.

[AlphaFrog]

Originally Posted by MysticCat81

Get a lawyer, and tell that lawyer the truth -- the whole truth.

A lot of good defense lawyers don't really want to know the whole story - they are experienced enough to know exactly what questions to ask to put together the least incriminating case possible. And we're talking ID Fraud here (misdemeanor in most states, probably punishable by $150 fine & MAYBE probation), not murder...but I would still recommend getting a lawyer.

[MysticCat]

Originally Posted by AlphaFrog

A lot of good defense lawyers don't really want to know the whole story - they are experienced enough to know exactly what questions to ask to put together the least incriminating case possible. And we're talking ID Fraud here (misdemeanor in most states, probably punishable by $150 fine & MAYBE probation), not murder...but I would still recommend getting a lawyer.

If you're talking murder or the like, you are right that some defense lawyers don't want to to know the whole story.

But here, I think any lawyer wants the whole story straight, especially if there is any chance that the police have gotten variations on what happened. I would.