What shouldI do if my daughter has been charged with selling alcohol to a minor?

Get Legal Help Today

 Secured with SHA-256 Encryption

What shouldI do if my daughter has been charged with selling alcohol to a minor?

My 19 year old daughter works as a clerk for a national grocery store chain. She was recently cited for selling liquor to a minor (her first offense) in what could be called a “sting” operation. I understand that this is a class 1 misdemeanor (the minor was under age 18). My question: is there any advantage to securing a criminal defense attorney for this situation or should she simply plead guilty and accept the fine? Please note that she had not received the mandated training courses at the time of the citation. In Solano County, CA. 

Asked on November 9, 2010 under Criminal Law, California

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Frankly, anytime criminal charges are involved it is always advisable to have legal counsel.  An experienced attorney can possibly get the charge dismissed on a technicality or possibly at least get it reduced. Since, I am assuming, she is a first-time offender, she will be eligible for something known as "diversion".  In such a situation, she will plead guilty to the charge, receive a special probation, and upon its successful completion the charge will withdrawn and the case dismissed.  As long as she stays out of any further trouble her record will be automatically cleared.  However, diversion is generally allowed only once.  So if she (i.e. her attorney) can get the charge dismissed on a technicality or the like, she can then be considered a first-time offender if she should ever again find herself in a similar situation.  She could then apply for diversion at that time.

An attorney in your area can more fully advise you as to all of this.  


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption