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Roger, Lawyer
Category: Criminal Law
Satisfied Customers: 30903
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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My friend recently is worried about getting an mip because

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My friend recently is worried about getting an mip because she admitted to having a beer to a security guard. However she was never detained or asked to do field sobriety test or get breathalized. They simply left it after she admitted to drinking and collected her information (address, phone, name, birthday, ect). Should she be worried about being notified or recieving an mip?

Kirk Adams : Hi - my name is XXXXX XXXXX I'm a Criminal Law litigation attorney. Thanks for your question.
Kirk Adams : So, your friend didn't receive a citation for MIP?

No sir, she said as soon as she admitted they asked how much amd basically left it at that. She said one asked if he should get a breathalyzer or not, but the other said it wasn't necessary.

Kirk Adams : Generally, an admission to an officer/security guard is sufficient evidence to help sustain a judgment. If the officer/security guard testifies that she admitted to drinking, that could be enough.
Kirk Adams : However, she would have to be charged before anything comes of this, and since this interaction was with a security guard and not a law enforcement officer, she may have dodged a bullet.

So should she be worried about getting an attorney even if they let her go, no warnings or citation? Even if the person who remted the room got a fine for property damage; wouldnt they do it all at the same time or hold her until law enforcement came?

Kirk Adams : It's probably not necessary to do anything until/unless she receoves a citation for MIP.

She said she wasnt sure if they were law enforcement or just security, but when I asked her how they searched the place if they were searched ect...she said they just looked around amd didnt touch their stuff. She also said they where dressed in brown and black rather than the whole "get-up". But didnt notice if they had a gun or not.


Okay thank you :) what would you say her chances are?

Kirk Adams : If they let her go without issuing a citation, it is not likely that anything will come of it, but it is certainly possible that something could be filed.
Kirk Adams : The best thing to do is just try not to worry about it until/unless she receives a citation, and at that point, consult an attorney.
Kirk Adams : If she admitted to drinking, it would be a tough thing to defend, but an attorney could try to work a deal with the prosecutor and try to keep the matter off of her record.

Okay thank you :) im sure your advice will give her a little comfort :)

Kirk Adams : Great! Glad to assist.
Kirk Adams : Please let me know if you have any additional questions.

When you said "could be filed" would that bring it out into the open? Or does it just depend on what they include?

Kirk Adams : It would depend on what charges were filed.
Kirk Adams : But, if this occurred, she would certainly be informed of what charges are being made.

So her only option is to wait. Okay thank you! :)

Kirk Adams : Yes, that's right.
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