If I received an Minor In Consumption, shouldI pleda no contest or should I plea not guilty?

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If I received an Minor In Consumption, shouldI pleda no contest or should I plea not guilty?

I will describe the events: I was at a party and had a cup of punch party was busted and the cops started questioning everyone at the party. When being questioned the cop asked what I had had to drink and I replied with some punch. I was not tested for sobriety and I was not breathalyzed. Do the police even have a case against me?

Asked on November 15, 2011 under Criminal Law, Texas

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

The cops may or may not have a case depending on any other investigations they did.  Other evidence they could develop against you would include statements from other people saying you were drinking, that you knew it was alcohol, or if they took a sample of the "punch" and had it tested to prove it was alcohol.  Most law enforcement agencies do not get this aggressive with MIP charges-- they mainly do the arrest to scare juvies strait.  Before you make a final decision to plea, ask for a copy of the offense report to be used against you.  If the evidence is week, you may be able to get the charges dismissed. If you are guilty, the prosecutor may accept a plea of no contest-- which looks good on paper, but has little effect on the eventual judgement and sentence.  If you are truly not guilty, you may want to hire an attorney to help you fight the charges.  At the very least, get a copy of the report and visit with a criminal attorney.  Many will offer free consultations. 


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