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Is it fair for one minor getting treated different?

Juvenile Law 5 views 3 answers
My son (16) and 2 of his minor friends were stopped while walking home and alcohol was found. The boys were split up, and dealt with differently. One was handcuffed, and later charged with MIP. My son was just charged with MIP. But the third was given a breathalyzer test, blew nothing and was set free with no charge. All 3 admit they had alcohol on them, but shouldn't they all have been treated the same? I'm confused.

Attorney Answers

3
John Moeller ·
Intoxication and possession are not the same crimes. Response to officers and attitudes of the child and the officer affect charging decisions. Maybe one of them ratted off a marijuana dealer or told about the store that sold the alcohol or maybe someone admitted they purchased or stole the alcohol or blamed the other minor. There is discretion involved. How does trying to get more people in trouble help your child?
0 upvotes
Christopher Coppola ·
Officers have discretion to treat some different than others. Most likely, the kids acted differ tell towards the officer.
0 upvotes
Colin Murphy 624792.Html ·
It's important to keep in mind that this may be handled though juvenile court services, which would allow your son to keep any adjudication sealed. If it is handled outside of JCS, then the MIP can be expunged from his record after two years with no intervening convictions for anything more serious than a traffic violation.
0 upvotes

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