Legal Question in Business Law in California
alcohol
I was caught in a sting by the alcohol beverage control enforcement for furishing alcohol to a minor. the pentaly code states that I could recieve a fine of $1000 and 24 hours of community service. With no priors (my age is 32) and a good 'community' record, what are the odds that I would get the maximum and how can I get the charge exspunged?
3 Answers from Attorneys
Re: alcohol
Although I practice business law, while I was a law student I worked for the local Public Defender as a law clerk, and specialized in expungements and certificates of rehabilitation.
Your offense probably comes under section 25658 of the Business and Professions Code, rather than the Penal Code. As I read the Code, the sentence you describe ($1000 fine and 24 hours community service) are the minimum, not the maximum.
You should be represented in all court appearances by an attorney you have hired, or if you meet the income criteria, by a public defender. Questions regarding sentencing should be directed to that attorney, who will be familiar with the practices of your local court, DA and judges. If this is a first offense and the evidence against you is not strong, there is a possibility of the charges being dropped.
Expungement of misdemeanors is covered by Penal Code section 1203.4. You may be eligible for expungement after your fine and community service are handled. However, expungement does less for you than many people who apply for it believe. For example, the record of your conviction will still be accessible to someone making a diligent search for it -- i.e., old records do not get sealed or pysically deleted from the court files.
Re: alcohol
Sir: You are a 32 year old male. It is alleged that you were furnishing alcohol to a minor, though you do not describe the sex, nor does that matter. From what you say your direction in life will not be well received in the future. Be advised and seek guidance.
Re: alcohol
This is not a business question, it is a criminal law question. Try asking your question there.
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