What can I do, and will this go on my criminal record?

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What can I do, and will this go on my criminal record?

I received a citation, I was not arrested or detained, for minor in possession/consumption of alcohol in Wildwood, New Jersey. I am in the military, and I cannot make it to court because I am stationed about 9 hours away and I have military duty. I would like to plead not guilty, but i cannot make to court, so I am fine with paying the fine if I don’t have to make and appearance in court.

Asked on June 23, 2009 under Criminal Law, New Jersey

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 15 years ago | Contributor

The complaint-summons form you were given should indicate whether or not a court appearance is required.  Sometimes, the copy you get isn't entirely clear, but the court clerk's telephone number is pre-printed, and you can call to find out whether or not you can simply mail in the fine and plead guilty.  If not, you can ask for the name and telephone number of the prosecutor, and you might be able to work something out there.

If a court appearance is required, you are entitled to one adjournment, as long as you ask for it ahead of time.

For advice you can rely on, you should have an attorney in the Wildwood area review all of the facts of your case.  One place to find a lawyer is our website, http://attorneypages.com

M.S., Member, Connecticut Bar / FreeAdvice Contributing Attorney

Answered 15 years ago | Contributor

Although I do not practice law in the State of New Jersey, there appears to be a few issues at play here.  First, simply to clarify, just because you were not detained it does not mean that you were not arrested.  Anytime you are given a citation or a ticket it is technically an arrest.  Second, my experience with this type of charge in Connecticut and other states suggests that you should be aware that pleading guilty to a minor possession of alcohol ticket often results in unanticipated consequences, such as suspension of your driver's licence.  Therefore, prior to simply pleading guilty to this charge I suggest that you consult with and/or retain a criminal defense attorney in New Jersey (if possible) to advise you with respect to the most favorable way to resolve this matter.


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.

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