Leonardo Angiulo: Surviving Party Season With Your Teenager

Monday, May 20, 2013

Leonardo Angiulo, GoLocalWorcester Legal Expert

Late May and early June are some heady times when you're in High School. Things are changing, parties are jumping and by all accounts the number of opportunities to make bad decisions is staggering. In an effort to help you keep that shiny clean record, please allow this column to serve as a heads up.

First, I would like to introduce you to the idea that your usual excuses will not work with law enforcement. For example, “It wasn't my idea” will not prevent you from being placed in cuffs. If you are involved in the commission of a felony by assisting the person who commits the crime in a meaningful way with the intention that the wrongful act occur then you may be considered an accessory before the fact or part of a conspiracy. It doesn't matter than your pal was the one who suggested it would be hilarious if they break into (fill in the blank here) and steal (insert item valued over $250). What matters is that you drove the car and gave them a boost into the window. This is, in local parlance, a wicked bad idea that you participated in and that’s what matters.

And then there is the after party. It could be after prom, it could be after graduation, or for the talented kids it could be after a school play. Whatever. Liquor may be present. If you are there, and there is booze, you should be aware that just because you aren't caught with a solo cup in your hand doesn't mean you won't get charged. To be charged with possession of a controlled substance, like alcohol when your under 21, there need only be evidence that: 1) you knew about it; 2) had the ability to possess it directly or through another person; and 3) had the intent to possess it.

A word problem might be appropriate in this situation to help illustrate my point. Let's say you are at a party with two thirty racks of beer, one handle of rum, 18 minors and a beer pong table. How many people can be charged with illegal possession of alcohol? Is it: a) 16, b) none, c) 18 or d) 4? The answer is, (c) and it's still (c) even if three of those people claim they didn't drink at all and didn't even know there was going to be alcohol at the party. See what I mean about your usual excuses not working? here is no question in my mind that people, for the most part, are inherently good.

Sometimes, they get caught in bad situations because they didn't realize the gravity of their circumstances at the time or understand what could happen as a result of being charged with a crime. With this in mind, please understand that if you are a criminal defendant back home you will need to leave your college town and come back for your court dates. Not only that, but many professional employers will do background checks. Your ability to compete for internships may be affected by an open case and will definitely be affected by a conviction that started with a prank and ended with blue strobe lights from a police car.

Right now, your future may be so bright that you have to wear shades. As a warning, everything can change really, really quickly. In fact, the real consequences don't even start until after the court case is closed. So take a minute and think about what's going on around you.

Your future self will thank you for it.

Leonardo Angiulo is an Attorney with the firm of Glickman, Sugarman, Kneeland & Gribouski in Worcester handling legal matters across the Commonwealth. He can be reached by email at [email protected] or through the firm's website at www.gskandglaw.com.