CanI get diversion for a charge of underage alcohol possession?

I was alone talking on my phone leaning up against a building. Cop stopped me because he though I was “urinating” on the wall, when in fact I was not. The officer asked me if I had been drinking because I smelled like beer. I told him that someone spilled a beer on me at a party (which is true). He then wrote me a ticket for underage alcohol possession and I now have a court date at the end of the month. I am 18 and I have a perfectly clean record. Is it possible that I could do a court diversion program and eventually get it wiped clean? What should I do? Should I speak with a criminal law/DUI attorney? In Harrisonburg, VA.

Asked on September 12, 2011 under Criminal Law, Virginia

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

The first thing that you should do concerning the criminal citation that you received for underage alcohol possession is to consult with a criminal defense attorney about the situation.

Most likely the attorney will be able to get the charge resolved where you get court probation (diversion) for the charge and if you complete the court probation, the criminal charge will be dismissed and there will be nothing about it on your record. The last thing you want is a criminal record.

Good luck.


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