Legal Question in Criminal Law in California
CA Code 25658 - Selling/Furnishing Alcohol to Minor
A friend was employed as a bartender. This January, she was working behind the bar alone late, when several persons entered the restaurant. She immediately determined by their movements and appearance that they were not customers and she believed that a robbery was taking place. The individuals dispersed themselves in the bar area and one approached the bar and ordered a beer. She provided a beer, however I do not know if money changed hands.
At this point, she was removed from the bar, taken into a back room where she was eventually informed that she had sold alcohol to a minor and cited.
In order to present her side, must she plead not guilty and is there risk in doing so?
3 Answers from Attorneys
Re: CA Code 25658 - Selling/Furnishing Alcohol to Minor
Your friend should plead not guilty. The fact that it appeared as though a robbery was being set up would be a possible defense. Also the police would have to prove that the person receiving the beer was a minor.
Re: CA Code 25658 - Selling/Furnishing Alcohol to Minor
Plead not guilty. Don't plead guilty no matter what. The prosecution has to prove beyond a reasonable doubt that she didn't act out of a fear of a robbery. Plead guilty and you might not be able to get a job again.
Re: CA Code 25658 - Selling/Furnishing Alcohol to Minor
The "friend" had better obtain experienced counsel, and quickly, if she is foolishly even considering a guilty plea that would result in a conviction on her record, and potential jail time. She may contact me if interested in doing this right.
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