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What's the expected outcome of getting arrested for providing alcohol to a minor?

Palm Coast, FL |

Hello! I was just arrested recently for charges of selling/giving alcohol to a minor. I went to a local gas station, as was approached by an individual asking if I would buy alcohol for a party he was going to. Me, not listening to better judgement, did so.

About a mile away, I was pulled over and promptly arrested, with the police stating "we have you on audio and video providing alcohol to a minor". Then, I was placed in the back of the squad car and taken in to be charged for a second degree misdemeanor. As a side note, I was never read my miranda rights.

I am 21, and have never been arrested/detained/questioned by police ever in my life. I also plan to plead 'no-contest', as there's no point in prolonging the entire experience.

So, my question is, what can I expect?

Thank you!

Attorney Answers 3

Posted

First, never plea no contest at arraignment. If you do so, you give up your right to get discovery, see evidence against you, or consult with a lawyer on your charges. Second, don't make any other admissions on this forum, it's public and the prosecutors can use it. If you plead no contest without consulting with a lawyer and having them talk to the state, the judge will have nothing else to do but sentence you. It's not a guarantee that you won't get a jail sentence in that situation. Get a consultation. When is your arraignment?

Please understand that the information given is not to be construed as legal advice. More information would be needed in order to make a more accurate legal determination on your matter. Furthermore, an attorney-client relationship does not begin until a retainer agreement has been signed by the attorney and client.

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4 lawyers agree

Posted

If this is your first offense then it is almost certain that you will be eligible for a diversionary program.

Diversion is a program which is designed to make you think twice about future criminality by way of making you jump through a series of proverbial hoops during a period of supervision, successful completion of which results in a dismissal. The program is owned and operated by the State Attorney's Office and they have absolute and unequivocal discretion as to whether to admit you, keep you or "graduate" you from their program.

Knowing that, the question now is whether or not diversion is right for you. There may or may not be viable defenses to the charges, affirmative or otherwise, or there may be factual, legal, procedural or substantive mechanisms by which to attack and beat the charges without going through diversion.

The best way for you to get competent advise is going to be to have a face-to-face meeting with a criminal defense lawyer who can follow-up on your information with questions of her/his own, as well as review the police reports and citations and then offer an informed opinion.

Please take a look at my Avvo Legal Guide on diversion in Florida. It contains a great deal of information on the subject and should be helpful to you. For your convenience a link follows:

Please see: http://www.avvo.com/legal-guides/ugc/pre-trial-intervention--diversion-what-is-it-and-is-it-right-for-me

I hope that this has been helpful.

First, second and third: No attorney-client relationship exists by virtue of any Q&A with Michael A. Haber, Esq. on Avvo. Fourth: Anything that you post on Avvo (or on similar sites) or on any social media is by its nature public. It is essentially an admission / confession and can be introduced into evidence as a statement against your interest in a subsequent legal proceeding. Once posted you lose any reasonable expectation of privacy, so, as this is an open forum (with no privilege attached), please be extra careful when considering what to post online (forewarned is forearmed.)

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2 lawyers agree

Posted

Expect to hire an attorney. You might be looking at jail for up to 60 days, you might not.

R. Jason de Groot, Esq. We do not have an attorney-client relationship. I am not your lawyer. The statements I make do not constitute legal advice. Any statements made by me are based upon the limited facts you have presented, and under the premise that you will consult with a local attorney. This is not an attempt to solicit business. This disclaimer is in addition to any disclaimers that this website has made. I am only licensed in Florida.

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