[Mandi90TT]

Originally Posted by Smgs1992

perhaps if you were to pursue a career in law enforcement or military a drug possession charge would disqualify you.

Can't speak to law enforcement, but I can speak to the military.

The military doesn't care, as long as you admit to it. I got a DUI a long, long, long time ago. Still managed to get a high level security clearance, get commissioned as a 2nd Lt, and make it through a full career.

Just don't try to hide it, and when you do any background checks, make sure they know about beforehand, rather than after.

[Resjudicata]

Originally Posted by Dave 90TT

Can't speak to law enforcement, but I can speak to the military.

The military doesn't care, as long as you admit to it. I got a DUI a long, long, long time ago. Still managed to get a high level security clearance, get commissioned as a 2nd Lt, and make it through a full career.

Just don't try to hide it, and when you do any background checks, make sure they know about beforehand, rather than after.

I'd agree with that 100% it's great advice.

[mjr24]

Originally Posted by Resjudicata

I'm a fully licensed legal Attorney with over 20 years of experience, what can I do for you?

I'd rather have Saul Goodman as my lawyer than this guy.

[Resjudicata]

Do what you feel best, but that diversion probably is your best option.

Take it from a top attorney with lots of experience, I know the criminal law and legal process better than most folks.

[BMWGUYinCO]

Hello everyone,
I thought I would follow up with the end to this little story.

Once again - I want to thank everyone for chiming in with your advice - I greatly appreciate it.

My son's court date was this morning - we just returned. After careful consideration and consultation with a Boulder attorney, he advised us that his (or anyone else's for that matter) services would not be required for this particular case, especially since my son has no other infractions on his record of any kind.

I accompanied my son to court but found out that because of Covid, I would not be allowed inside with him. Fine, - he's a young man and can handle himself.

Long story short - we was offered the deferred judgement, paid a $120 court fine & fee, and is now required to complete both an online substance abuse course as well as 24 hours of community service.

He was also sentenced to 12 months of "probation"; provided he incurs no other infractions of the law aside from minor traffic incidents, this matter will remain sealed and will not appear on his record. And yes - he is paying for all of this himself, not me.

Lastly - I really liked MKSixer's advice to establish a relationship with an attorney and the one we consulted with was very helpful - he is now in my contact list and I told him he's my go-to resource for law matters.

All's well that ends well.

[Resjudicata]

well done. I'm glad he followed my advice and took the diversion by himself. well done.

[upstatedoc]

so no conviction right?

[BMWGUYinCO]

Originally Posted by upstatedoc

so no conviction right?

Correct!

[Resjudicata]

Originally Posted by upstatedoc

so no conviction right?

Every state is different, but usually under a deferred judgment - the defendant will plead Guilty, but the judge will withhold his findings of guilt until after the period of time (usually 1 year). During that year, if the defendant fails to complete the diversion program (fails a drug test, doesn't do community service, commits another crime); then the judge will enter a finding of guilty and the "conviction" will result.

However, if he completed everything correctly and on time, then the judge will dismiss the case without a finding of guilt. Thus, "no conviction".

Every state is different but usually you have to go back and pay a fee to seal the records. But sometimes it's automatic, it varies by locality.

[lebreeze]

Just a stupid question. Could your son have not answered the door or ask for a warrant first?

[Run Silent]

The fact that the OP drives an M550 BMW and had to weigh whether or not to spend a couple grand on an attorney to help his good son avoid a life long negative impact by a bullshit charge speaks volumes to where we are as a society.

I have no words.

How was not hiring an attorney even an option.

Glad it worked out for you, but that was a risk the kid shouldn't have had to take.

[BMWGUYinCO]

Originally Posted by Run Silent

The fact that the OP drives an M550 BMW and had to weigh whether or not to spend a couple grand on an attorney to help his good son avoid a life long negative impact by a bullshit charge speaks volumes to where we are as a society.

I have no words.

How was not hiring an attorney even an option.

Glad it worked out for you, but that was a risk the kid shouldn't have had to take.

OhhhKayyyyy...let me explain why it was an option.

When this happened, I began my research into a Minor In Possession charge and at the same time posted here for anyone with advice and/or similar experience.

At that time, I found the Boulder County Court website which actually detailed what to expect from a first time MIP offender (posted in this thread twice). But despite this, I also stated that I did in fact, consult with an attorney who said "You don't need to hire me for this".

So - why would I pay over a couple grand for services not needed? Do you do that? What the f*ck difference does it make what car I drive when considering how to spend money wisely (and in this case - my son's money; I wanted him to be accountable)?

The fact that you posted your "judgement" on me, however does speak to where we are as a society today, LOL.

[BMWGUYinCO]

Originally Posted by lebreeze

Just a stupid question. Could your son have not answered the door or ask for a warrant first?

Hm, I don't know.....as stated in my original post, the police were called to his residence for a noise disturbance...so I doubt not answering the door would have been an option. As for asking for a warrant, - again I don't know, but as a 20 year old I know I wouldn't have had the balls to demand to see one from the officer!

[BMWGUYinCO]

Originally Posted by Run Silent

Glad it worked out for you, but that was a risk the kid shouldn't have had to take.

Ah, - maybe you didn't read the entire thread, so rather than snapping to a rush opinion that you're an ignorant blowhard....I'll give you the benefit of the doubt this time.

But you do realize that you insulted me twice, right? On one hand, you insinuated that while I drive an M550, I couldn't afford an attorney.

Secondly - by suggesting I would ever put my kid in any kind of harms' way or risk is also calling into question me as a parent.

Not cool at all.

[Run Silent]

Originally Posted by BMWGUYinCO

Ah, - maybe you didn't read the entire thread, so rather than snapping to a rush opinion that you're an ignorant blowhard....I'll give you the benefit of the doubt this time.

But you do realize that you insulted me twice, right? On one hand, you insinuated that while I drive an M550, I couldn't afford an attorney.

Secondly - by suggesting I would ever put my kid in any kind of harms' way or risk is also calling into question me as a parent.

Not cool at all.

1) I would have never thought twice about hiring an attorney. Had I tried and the attorney said 'you don't need me' - that would have possible factored into my decision as it did for you, but I probably still would have had one as an insurance plan.

2) My comment about vehicle you drive was the reciprocal to what you understood it to be. I was noting that people today seem to think it's fine to blow $80K on a luxury car but question whether it's a smart financial decision to spend $2K on a lawyer for a kid that apparently is an awesome citizen.

I stand by both comments.

[BMWGUYinCO]

Originally Posted by Run Silent

I stand by both comments.

...and that says it all.

[bayarea328xit]

Originally Posted by Run Silent

The fact that the OP drives an M550 BMW and had to weigh whether or not to spend a couple grand on an attorney to help his good son avoid a life long negative impact by a bullshit charge speaks volumes to where we are as a society.

I have no words.

How was not hiring an attorney even an option.

Glad it worked out for you, but that was a risk the kid shouldn't have had to take.

I think people have different risk/reward profiles - I have no issue with that.

Personally speaking, I would have hired an attorney to see if I could have improved my odds of a better (different) outcome or even this outcome with marginally higher certainty.

It would bother me if my kid had to stay in line for a year - where tripping up would trigger this being on their record.

Maybe this was the best possible outcome in this situation. Even then, I'd take the attorney to make sure we end up with this outcome.

[BMWGUYinCO]

Originally Posted by bayarea328xit

I think people have different risk/reward profiles - I have no issue with that.

Personally speaking, I would have hired an attorney to see if I could have improved my odds of a better (different) outcome or even this outcome with marginally higher certainty.

It would bother me if my kid had to stay in line for a year - where tripping up would trigger this being on their record.

Maybe this was the best possible outcome in this situation. Even then, I'd take the attorney to make sure we end up with this outcome.

Yup - fair and reasonable opinion/feedback, and more respectable because you offered it without the judgement. Thanks!

[schoy]

Originally Posted by F32Fleet

LOL that's hilarious.

I feel bad for the OP. The state believes his 20yr old son has sufficient risk awareness to enter contracts, join the military, and rent an apartment, buy god forbid he have a beer in his own apartment.

In all fairness, no one does unintentionally stupid things or unintentionally hurts other people as a direct result of entering into contracts, joining the military, or renting an apartment. Not saying you're necessarily wrong, but just wanted to give an opposing perspective.

[schoy]

Originally Posted by lebreeze

Just a stupid question. Could your son have not answered the door or ask for a warrant first?

He did not have to open the door and could have asked for a warrant. However, once he opened the door, my understanding is that everything that was visible to the officer at that moment became fair game for probable cause of other crimes. This is why when you open the door to law enforcement, they're not making initial eye contact with you, but scanning behind you; they may only have seconds before you close the door on them.

[M4 for MG]

Glad it all worked out for you.

I have a 20 yo son. I'm going to have him read all of this...

[Resjudicata]

Originally Posted by lebreeze

Just a stupid question. Could your son have not answered the door or ask for a warrant first?

Originally Posted by lebreeze

Just a stupid question. Could your son have not answered the door or ask for a warrant first?

That's a great question and the short answer is "it depends". Usually that might work but there are often circumstances where it doesn't work.

For example, if the party door is open - cops can usually come in for a "welfare and safety" check to make sure everyone is okay.
If the door is closed, but people are gathered outside OR in view of outside (ie through a window visible) - then the cops comes in if there is "potentially crime in progress"; such as minors drinking.

If the doors are locked, no one is visible, no one answers, AND the cops can't hear anyone inside; then they usually have to get a warrant to come inside. But that's very rare in these cases.