Q: I recently received a MIP charge and I was in possession of my brother's ID, what should I do? I was in possession of alcoholic beverages and in possession of my brothers ID. They took his ID but on the citation it only says I was in possession of it. It does not mention his name on the citation, but I think they were writing some of his information down.
A: Chosen as "Best Answer" by Asker on www.AVVO.com
Answered . The citation says that you were in possession of what (booze, a fake ID or both)?
Either way you may have received the citation but if it's in his (your bro's) name then it's him (and his record) that's at stake.
If it is in your brother's name then what you should do now is to embark on a responsible (and smart) path toward straightening this out before your brother has a problem, and be aware that the path to getting this straight will likely require you to man up and own up to what you did, which may well result in your picking up another charge (or two), but the alternative is that you screw your brother over (again).
If this is the case then the way to do this is with the assistance of a G-ville area criminal defense lawyer who can first get your brother off the hook and then you off the hook, all without you ever opening up your mouth and causing more damage than you have already managed to accomplish.
I encourage you to do the right thing by your brother (that and not possess booze until you are lawfully allowed and don't hold yourself out to be someone that you are not, most especially your own brother).
Either way you may have received the citation but if it's in his (your bro's) name then it's him (and his record) that's at stake.
If it is in your brother's name then what you should do now is to embark on a responsible (and smart) path toward straightening this out before your brother has a problem, and be aware that the path to getting this straight will likely require you to man up and own up to what you did, which may well result in your picking up another charge (or two), but the alternative is that you screw your brother over (again).
If this is the case then the way to do this is with the assistance of a G-ville area criminal defense lawyer who can first get your brother off the hook and then you off the hook, all without you ever opening up your mouth and causing more damage than you have already managed to accomplish.
I encourage you to do the right thing by your brother (that and not possess booze until you are lawfully allowed and don't hold yourself out to be someone that you are not, most especially your own brother).
If the paperwork is in your name and not your brothers (and if the police are merely holding your brother's ID as evidence in your case) then, again, you need a G-ville area lawyer to assist you to A) determine whether or not enjoy viable defenses to the charges, affirmative or otherwise, or there may be factual, legal, procedural or substantive mechanisms by which to attack and beat the charges in your unique case B) if not then to assist you in negotiating the most favorable terms to resolve your case (whether through diversion / PTI / PTD or otherwise) and C) to assist you (your brother) in having his property (his ID) returned (as it is completely unnecessary to the State's case and a lawyer will be able to get it back quickly).
If you follow my advise then I know that I will have been helpful in answering your question.
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