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Dave Kennett
Dave Kennett, Lawyer
Category: Criminal Law
Satisfied Customers: 27689
Experience:  25 years experience practicing attorney
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My 18year old son was charged with underage drinking and has

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My 18year old son was charged with underage drinking and has his court date tomorrow. What can we expect to happen and do we need an attorney ?
Dear JACUSTOMER - He should plead not guilty and, if he cannot afford an attorney the court will appoint one. Since he is an adult the financial basis will be determined on his finances,not yours. I cannot tell you the eventual outcome since I can never predict what any court may do in a particular case. There's always a chance at a reduction of the charges and an attorney can make certain that all of the correct procedures were followed by the police.
Customer: replied 5 years ago.
Should the police officer have read them their Miranda rights? They took 22 kids to hail from a party but the didn't read them their rights, do a breathalyzer and some where charged with underage drinking and they really hadn't been drinking. They just happen to be at the party but they weren't drinking? How can they arrest them if the hadn't been drinking nor can they prove who was drinking. Any advice?

This is how they operate. That's why you need an attorney to check out the procedure. Miranda Rights are required after an arrest and before questioning. If they ask questions before an arrest or don't ask questions after the arrest then the rights do not have to be read. If they smell alcohol or it is in someone's possession and they are under 21 it doesn't matter how much they have had so a breathalyser would not be necessary.

The cops love to just arrest everyone and figure that enough of them will talk that they can build a case against everyone else.

So they can do pretty much what they like unless they are challenged by legal counsel.

Customer: replied 5 years ago.

What have you typically seen as the outcome for first time offenders in TN? Community service and a fine? That is what I've been told but was just curious .
Community service and a fine is typical everywhere. The problem is that he is an adult so this will go on his record. If there is any chance at getting it dismissed it would be worth getting an attorney appointed by the court.
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