Expert: Robin Sexton - 8/17/2009

Question
My son did a stupid thing, being almost 19 what is new. He was picked up while walking a busy road after midnight with another friend. What triggered the officer inquiry was that someone was throwing rocks at passing vehicles.  When picked up they were both questions separately and admitted to throwing rocks.  They were both brought back to their place of residence and where then read the rights and both given a breathalyzer.   Neither had alcohol with them. They were both underage and both under the influence and both booked.  The office called the other day to let me know what happened since he is a minor and to inform me that he would be charge with a criminal misdemeanor charge because of 1. the underage drinking and 2. $500.00 damage to a vehicle. Any suggestions would greatly be appreciated.  My son has no prior records and never been in trouble with the law, just hooked up with another kid get was a bad influence on him.

Thanks in advance and sorry for the long question.
D

Answer
D.

Sorry about your son but many, many years ago probably could have been me. I was no treat as a son.  This is obviously not the end of the world for your son.  Belive it or not these are both minor charges ( sad huh).  A lot depends on your sons prior record if any.  They are both probably misdemeanors.  What you really need to concentrate on is the long view.  You need to try and protect your son's record.  More then likely the worst is probation but if the sentence or charge can be deferred, youthful offender status etc.  Your best bet is to contact an attorney experienced in your local criminal courts.  They can advise you what sentencing possibilities are out there.  The biggest things you can do is get your son to start taking voluntary steps to correct things, alcohol assessment testing, apology to the victim, saving up money to pay the victim and the court, etc.

Good luck

robin