HELP! Godchild in legal trouble

chocoholic · 04-05-2008, 07:53 AM

My 18 year old godchild called me last night, for help and advice, as he does not want to tell his parents.

He was visiting friends on another campus (during his own Spring Break), and a bunch of them decided to go to a campus food court at 2 a.m. While they were leaving, one kid grabbed the fire extinguisher on the way out. So, now they are walking down the street with it. this kid starts spraying, then passes it to kid 2, who sprays, and passes it to godchild. OFCOURSE, a cruiser shows up, everyone flees, but gc decides that running is bad, and unnecessary, since he was innocent.

Long story short, he has 2 citations now. One for tampering with fire equipment, and one for alcohol on breath. He told the police that he had not sprayed, others had run, he had had beer at his Dad's before coming, he was not driving, etc. etc. To no avail. They did not bother to chase the other kids.

Now, I want him to tell his parents, but he refuses. He wants ME to tell him whether to plead innocent, and go to court, plead guilty and pay hundreds of $$ in fines, or get a lawyer, or do an Alcohol Awareness course through court which leads to dismissal of the alcohol charge, but also gets the license suspended.

I am quite clueless, but feel some obligation to stay connected as he is opening up to me and seems terrified.

latetoschool · 04-05-2008, 08:10 AM

Hmmm...I think he needs a lawyer right away, and, obviously, he needs to tell his parents, so that they can help him. Perhaps when he has a few hours to get over the shock, and is able to think clearly, he will be more open to talking to his parents?

hazmat · 04-05-2008, 08:18 AM

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alcohol on breath

As in underage consumption?
Are these both misdemeanor charges?

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One for tampering with fire equipment

mominva · 04-05-2008, 08:26 AM

Are these school or municipal citations?

notre dame AL · 04-05-2008, 08:28 AM

Parents need to know and above all, consult a lawyer.

chocoholic · 04-05-2008, 08:29 AM

They are neither misdemeanors nor felonies. Citations would be similar to a speeding ticket.
Yes, they have cited him for underage drinking, even though he said he had 2 beers with his dad. There was no breathalayzer test.

He is not asking for $$, only advice. He will pay everything out of summer earnings. This is really a good kid.

It happened a few days ao, but he told me yesterday, and he says no way will his parents be rational about it. But that is irrelevant.

chocoholic · 04-05-2008, 08:34 AM

I believe it is a campus police involved, but the "victim" is the town. he typed up every detail that he could remember, and sent me this huge Word document.

He is just really upset because the cops would not let him speak. And they wrote up the citation as they pleased, saying his eyes were bloodshot, and they SAW him spraying etc.

Do citations stay on your record if you plead guilty and pay? He has to go back to his own school, and may not be able to handle court appearances.

hazmat · 04-05-2008, 08:39 AM

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and may not be able to handle court appearances.

As in chooses not to miss class? Too stressful? IF that is his feeling he must pay the fines and move on. He can ask for enlargement of time or have an attorney do that for him. Not quite sure I understand your comment.

chocoholic · 04-05-2008, 08:41 AM

Well, the cops told him that the underage alcohol citation could be up to $300 since he is not from that campus, but it could be erased by doing the alcohol program, and that means $100 for the program and $100 court costs!!!

The fire extinguisher citation carries a $200 fine.

I think the kid is more worried about his record than the monetary cost.

Plus, it will probably be sent by this campus to his own school , which will then turn into a hearing at his school!!!!!

I guess since he does not have a car, travel between states will be difficult for a hearing?

chocoholic · 04-05-2008, 08:43 AM

All of the anxiety I hear in his voice is from how this will affect his school record, his future job prospects etc. And dummy that I am, I have no clue.

hazmat · 04-05-2008, 08:46 AM

Not too bad really. In AZ it is a $500 fine and a felony.

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and will result in behavioral, judicial, and/or criminal action. There is a minimum $500 charge for any damage, vandalism or disabling of fire/emergency equipment. Tampering with or disabling fire equipment and smoke detectors are a felony in the state of Arizona.

Check his school's residential life handbook for the language. This is almost
always covered in rules and penalties.

Sorry to have to deal with this btw.

mominva · 04-05-2008, 08:47 AM

There are many posters who have had legal issues with their children, Mom of Wild Child comes to mind first. See if you can find some of her posts. you might get more specific responses if you post the jurisdictions.

jrpar · 04-05-2008, 09:00 AM

He needs a local lawyer. I don't think the alcohol charges will stick without breathalyzer results. Is this Pennsylvania? The range of possible consequences sounds like the Pennsylvania system.

He needs to tell his parents.

chocoholic · 04-05-2008, 09:18 AM

I just spoke with him and he is quite adamant about not telling his parents. My kids tell me everything (I think?) but his parents tend to become very hysterical, threatening etc. and I can see their kids not wanting advice from them.

Does anyone know how a citation (that sticks) would affect his record?

laxmom · 04-05-2008, 09:34 AM

It would depend what he is charged with. Years ago when S1 was a freshman he was visiting another campus and didnt feel well..he went to the campus infirmary where of course they smelled alcohol on his breath. They called an ambulance to take him to the hospital since he wasnt a student of that school. The officer called our house and explained the situation and that he would be charged with underage drinking, etc..but they never did a breathalyzer test or a BAC...eventually when it went in front of a judge, my husband spoke to him about S1 making a mistake, he's an Education major and how it would affect his future. The judge changed the charge to disorderly contact and was let go with the stern warning (and $175 fine) that if he ever saw my son in front of him - he would throw the book at him. This was in PA.

Bottom line - he should tell his parents. While they may get upset initially, it will be much worse if they find out later...and it also may jeopardize your relationship with them if they find out that YOU knew and never said anything.