What shouldI do if my daughter has been charged with selling alcohol to a minor?
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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 13 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she will plead guilty to the charge, receive a special probation, and upon its successful completion the charge will withdrawn and the case dismissed.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.
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