I have a pending charge from two years ago that is about to be dismissed but I need to know because I'm trying to obtain an alcohol pouring permit in Gwinnet County. The alcohol beverage ordinance states that "No person shall be granted a pouring permit unless it appears to the satisfaction of the Chief of Police or his designee, that such person has not been convicted or plead guilty or entered a plea of nolo contendere to any crime involving moral turpitude, illegal gambling, or illegal possession or sale of controlled substances or the illegal sale or possession of alcoholic beverages, including the sale or transfer of alcoholic beverages to minors in a manner contrary to law, keeping a place of prostitution, pandering, pimping, public indecency, prostitution, solicitation of sodomy....
Criminal Defense Attorney
"Moral Turpitude" can be interpreted in more than one way. Consult with a GA lawyer to see if the offense can be expunged after it is dismissed and a GA lawyer that practice before your local ABC administrators. I don't practice in GA but the crime you list sounds like it qualifies.
I am trying to give you a general answer to your question. We do not have an attorney-client relationship by this response on the avvo website. I have not been retained to represent you. I am licensed to practice law in Kentucky and in federal court in this state and the Southern District of Indiana. You need to seek legal advice from an attorney licensed to practice in your area..
It should not be considered a crime of moral turpitude, as such relates to crimes involving theft or some kind of fraud. If there is no definition in the alcohol ordinance, however, it could cause you problems by having a non lawyer interpreting your qualifications. If the charge is dismissed, or you have not plead guilty, nolo, or been convicted, you have not been convicted and that provision will not apply to you at all.
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Criminal Defense Attorney
This could be considered a crime of moral turpitude. In general, moral turpitude consists of felonies and certain misdemeanors. Regardless of felony or misdemeanor status, I would suspect that this charge would fall within this category. However, you will need to retain a lawyer to research the issue for you if you want a definitive answer.
That said, if the charge is being dismissed and you are not pleading guilty to any other charges, this should not affect your ability to get a license. Arrests are not convictions. If you have not pled guilty, nolo or otherwise been convicted of any charges concerning this arrest, you cannot be denied a permit under this ordinance (assuming you have quoted it correctly herein).
Allen R. Knox
125 TownPark Drive, Suite 300
Kennesaw, GA 30144