Learn Ask A Question Get Help
in   from 


    

Question: Criminal Defense - Massachusetts

Asked on 4/24/2009

Minor over 18 but under 21 possession of alcohol found in card unopened.

My daughter was stopped for having high beams on and the cop searched the car and found an overnight bag with 2 unopened beers in it. He did not cite her, but told here she would get something in the mail telling her when to apprear before a magistrate. Is this considered being charged? Is it a criminal offense and would it show up on a CORI check if they continue it without a finding?


 Notify me of updates.   Answer This Question!      Question Offensive or Inappropriate?

This question received 313 views.    

Answers (1):

AttorneyPages has verified that this person is an attorney.

Having high beams on is not a valid reason to search your daughter's overnight bag. Therefore, if the search was illegal or without probable cause, the evidence seized, i.e., the beer should be inadmissible.  Looking to the brighter side, If he didn't cite her at that time probably nothing will happen. It's the prosecutor who decides whether to charge her with a criminal offense. At this point in time; I wouldn't do anything to arose the government's interest.  At this stage of the proceedings, it should not appear as a criminal or Department of Motor Vehcicle offense since she hasn't be accused of any violation of the law.

I hope this information is helpful to you. I don't believe you have anything to be concerned about.



  • Answered on 4/24/2009
  • Rating:
  •  Rate this answer






AttorneyPages.com
HACKER SAFE certified sites prevent over 99.9% of hacker crime. State Law Center  |  Legal Resource Directory  |  Legal Articles  |  Insurance Advice and Quotes  |  FreeAdvice Answers  |  Community Forums
Media  |  Privacy Policy  |  About Us  |  Contact Us

FreeAdvice® has been providing millions of consumers with outstanding legal and insurance information and general advice, free, since 1995. While not a substitute for personal advice from a licensed professional, FreeAdvice is available AS IS, subject to our disclaimer and conditions of use.
FreeAdvice®, AttorneyPages®, ExpertPages® are registered trademarks and units of Advice Company.
All Rights Reserved © 1995-2010