We were in a parking lot. Some cops saw me hand him money and him hand me beer, and then my friend went back into the store. I was just holding it in the parking lot. The cop said we would both get pre-trial diversion (neither of us have priors), but my friend thinks we should fight it. Should we? What's the likely fine/community service?To be clear, I wasn't paying him for the beer. I owed him money for lunch earlier. It was like five bucks, not even enough to pay for what he bought. Also I realized I accidentally posted this under Lexington instead of Louisville if that makes any difference.
I would need more information before I can answer that question. You should consult with a criminal defense attorney in your area who can advise you.
What would your defense be? In your question you admitted that you are under 21 and that you possessed the beer (I was just holding it in the parking lot), that's possession. And you also admit that your friend bought the beer and gave it to you (you even paid him for it) that's providing alcohol to a person under the age of 21 (not a minor in your case but still illegal). BTW you shouldn't post specific facts on a public forum. You can "fight it" if you choose, but it you are going to lose that fight. Pick your battles carefully. This is one time you should take the cops advice, complete Pre-Trial diversion, get the case dropped and go on with your life a little wiser.
Have a criminal defense tourney in your area review the citations/charging instruments and advise you: www.kacdl.net
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..
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