Minor Consumption & False Information to Police - Champlin, MN
Charges: Misdemeanor Minor Consumption and False Information to Police
In July of 2016 my client was charged with Minor Consumption and Providing False Information to a Police Officer. She was approached by police when police were dispatched to a complaint of a loud party. Upon observation the officers believed she was drinking and under 21 years of age.
Facts
Client was approached by police after she was outside a party that officers responded to on a noise disturbance. When questioned by the officers she showed signs of extreme intoxication. She was belligerent with the officers and used profanity and was uncooperative. When the officers requested her to identify herself she provided a false name. The officers had her perform a portable breath test and she tested over .24. She was arrested and charged with Misdemeanor Minor Consumption and Providing False Information to a Police Officer. Due to her being very intoxicated and her demeanor she was brought to Detox and placed on a 48 hour hold.
The client was charged with a Minor Consumption and Providing False Information to Police. Both of these offenses are punishable by a maximum penalty of 90 days in jail and/or a $1000 fine.
Case Review
After having a consultation with my Client and reviewing all of the reports it was determined that she had acted out of character on this particular evening. Her behavior was atypical and she rarely had consumed alcohol. It was determined that she did not have a defense since her conduct provided the officers with a reasonable suspicion that she was drinking and the portable breath test (PBT) confirmed that fact. Additionally, she provided a false name which is a crime despite the fact that she provided her true name later.
My client is currently in college at an excellent school and it was important to not have a conviction that could affect her future by marring her criminal record. Client was very anxious about court and was humiliated and ashamed by her conduct. I encouraged her to write a letter to the officers which would assist her in getting past the incident and show the Court her true character.
Resolution
After researching her issues and carefully reviewing the police report I was able to get the False Information to police dismissed and the Minor Consumption amended to a Petty Misdemeanor. My client was required to pay a small fine. She did not serve any jail time, have stayed jail time, be on probation, or have to perform any community service. It was critical to amend the charge to a Petty Misdemeanor because a Petty Misdemeanor is not considered a crime in Minnesota which enables her to freely state on any prospective job or school application that she has not been convicted of a crime. It was additionally critical to have the Provide False Information charge dismissed since this does not look good to prospective employers as it is considered a moral turpitude crime.
Proactively writing the apology letter played a big part in the resolution since it showed the prosecutor the character of my Client before it was ordered by the court. The letter was sincere and from the heart. Thinking forward about the case at hand is critical to positive outcomes.
Impact
My client and family were extremely satisfied, relieved and appreciative of the outcome. This resolution (Petty Misdemeanor Minor Consumption) allowed a young woman to continue with her lifelong goals without having to explain a night that was not representative of her character. It also provided her a real-life experience that she can learn from that exhibits how fast your life can be changed with one poor decision. I indicated to her that this negative situation, if taken to heart, can be a positive in her life that she can learn and grow from.
Thank You for Considering Anderson Law Office
Please contact Scott L. Anderson, or e-mail him at andersonlaw@att.net.
