Legal Question in Criminal Law in California
Furnishing Liquor to a Minor Sting
My father in law is a tourist, he was on his way to our home from visiting his friends across town, I must confess he is very naive. A minor approached him asking him to buy her 5 cans of Budweisser, he just said ok, and then she handed him $20. He went ahead and bought it, gave her the change and went on towards the bus stop without thinking of it anymore. However, the police stopped him after a block, handcuffed him, searched him and all his stuff. He ended up cited for furnishing alcohol to minor and he was given a court hearing date. The court hearing is 3 days before his I-94 expires. What should he do, considering he is innocent? And what will happen if he's found not guilty by the court? What if he's found guilty? How can he prove himself innocent? Thank you so much for your time and advice.
3 Answers from Attorneys
Re: Furnishing Liquor to a Minor Sting
You say twice that your father-in-law is innocent, but the facts you recite make it reasonably clear that he is guilty. He needs a lawyer ASAP.
Re: Furnishing Liquor to a Minor Sting
He faces criminal charges that could result in jail. Your own description of the facts indicate he is not 'innocent' - you acknowledge he bought alcohol for a minor. However, if handled properly by his attorney, he likely can get a plea bargain that would avoid jail. His I94 status is a problem that will have to be part of the bargaining. If the case is in SoCal, and if he is serious about getting legal help, feel free to contact me.
Re: Furnishing Liquor to a Minor Sting
Your father needs a good attorney who, among other things, is knowledgeable about immigration aspects of criminal convictions. While it would not mean the end of the world (your father is not going to go to jail, for example), a conviction for furnishing alcohol to a minor can impact him especially if he visits the US from time to time and needs to apply for a visa periodically. He should fight to keep his record clean, either by having the charges dismissed or reduced to an infraction.
By the way, unfortunately, your father is not innocent as in fact he did furnish alcohol to a minor. However, his naivete and lack of knowledge of the American law, could be helpful mitigating factors to be used in successful resolution of his case.
Bottom line - you need a lawyer.
Feel free to contact me if you are interested in retaining an attorney in Southern California.
Jacek W. Lentz, Esq.
310.273.1361
www.lentzlawfirm.com
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