I have to admit that I didn't read the entire thread, but I think the OP's buddy has a good chance of beating this if he fights. Generally speaking, there are several layers of discretion in the criminal system - the officer, the prosecutor, and the judge or jury. It seems the officer failed to exercise good discretion and determined that your friend was in actual control of an anchored boat. A good attorney will discuss the facts with the prosecutor in an effort to get the prosecutor to exercise his or her discretion to not prosecute (hey, they are people too and hate losing in court). If the prosecutor won't exercise his or her discretion to not take this forward, it is then up to your friend to convince a judge to exercise his or her discretion to interpret the law and facts and reach the conclusion that your friend, while legally intoxicated, was not in control of the anchored houseboat. Of course, if the judge sides with the prosecution or the prosecution appeals, there are higher courts (which usually have more common sense).

Good luck and keep us posted.

db

I looooove me some fount0442 posts! I really am addicted and it's kinda sad! Dude your on the beware threads popping off stolen & insurance stats. Every time you open your mouth its verbal diahrea and it's great. Start your own thread called fount0442s silly theories please!!!!

Alright Mr. Rhodes Scholar. You sit in the back like a mindless idiot and just spout out off at different times to make it seem like you know what you are doing when you really dont.

Dude Im not popping off read below

According to a national survey of crime, unlawful entry without force (no-force burglary) is the most common type of residential burglary in the United States; each year incidents of this type account for hundreds of millions of dollars of cash and property loss. Unlawful entries without force are characterized by an absence of any visual signs of force, and, fora variety of reasons, are seldom reported to local authorities. This paper presents findings from the National Crime Survey, an ongoing survey of approximately 60 000 households across America. The analysis focuses upon such situational characteristics as time pf occurrence, method of entry, and type and value of goods stolen. Results tend to confirm findings which show that many residential burglaries are crimes of opportunity committed by inexperienced offenders, some of whom might have been deterred if minimal security measures had been taken.

One out of every two burglaries in Rochdale are due to a window or door being left open or unlocked and local police are urging residents to keep homes secure after a spate of burglaries in the area.

These are just two findings, but its a well known fact in the CJ world a lot of thefts are due to unlocked doors, windows, etc. Or just a lack of hardening your property against theft

You wouldn't by chance be in the MP's, would you?

Listen boy... I don't know a whole lot about law's ... hence me not being a lawyer ... just like you! You act like you know what your talking about ALL THE TIME!!! but it just lets your ignorance bleed through! I can fully admit what I do not know and where my weakness are. But I'm glad you can't, its quite entertaining. Now teach me and everyone else here a lesson.

All fine and good, but once you have been issued a citation etc. and go through all of the above it is costing you time and money. That is what pisses me off, now its on YOU to prove your innocence, and the gov. sure as hell isnt going to reimburse you for your time/lawyer if you win and prove them wrong.

You are correct, money, money, money. And sometimes a loss of freedom, one of clients today was sentenced for three flat (three years New Jersey State Penitentiary). And that is after the damage was minimized, and it cost alot of money to get that result.

Now for the wrongly accused, like my DUI client(s) with a BAC of .04, which can happen, that type of client spends the money to fight for what is right, and keep his or her driving privileges. Money to prove your innocence. Money, Money, money. You are correct.

My boss's ring tone:
http://www.youtube.com/watch?v=Ll3uipTO-4A

3 years for a DUI?

So true. All these people want to act like big boys and strut, and I can do this and that, but with a lot of green. Best bet it to just not play with fire.

Nope higher than that. I know what your getting at. And I think the divide is your a lawyer, I'm in the enforcement arena. Laywers jobs are to pick apart the law to find small mistakes that the justice system made or to confuse a jury on what the law or case really is. Enforcements job is to enforce the law how they sometimes interpret the law, sometimes they do bad and sometimes do good. Theres just a lot of big talk in here and everything I've see is you dont get away with it, and the ones that do SPEND big money.

A peice of advice for you all out there your best defense is silence. Most of the time COPS do not have evidence on you they talk you into telling the whole story. You dont know how many times in court Ive seen defendants come in and the COPS didnt have anything on them, and the defendents talking themselves into a conviction. Personally on a lot of things dont waste your time on a lawyer, if and when you get arrested dont say anything, but dont be a pain in the ace either. Get to court plead the fifth, the burden of proof on the prosecution.