Legal Question in Criminal Law in California

Liquor to minor/entrapment

Some friends went to the fair. They were approached by someone who asked them to buy beer. One of them did and got arrested. The police(obviously to obtain fine income) had done this all week to unsuspecting young people. They even had their own room set up at the fairgrounds. They released the boy. He has no record and although this is a misdemeanor he does not want it on his record. What can he do to pay the fine but not have a record. He is a really good kid and would not have done this without being approached. The person did not drink the beer and although he said he was underage, it was not confirmed. Would getting letters about the boy's overall law compliance help?


Asked on 11/28/05, 3:02 pm

3 Answers from Attorneys
H.M. Torrey The Law Offices of H.M. Torrey

Re: Liquor to minor/entrapment

We may be able to assist you in this legal area once we get a little more backround information. Contact us directly today for a free consultation.

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Answered on 11/28/05, 4:10 pm
Elena Condes LAW OFFFICE OF ELENA CONDES

Re: Liquor to minor/entrapment

There are a few ways of dealing with this. You can wait to see if charges are filed against the young man, or you can consult with an attorney in your area about talking to the District Attorney before charges get filed. I don't know if that is a general practice in the Fresno area, but it is in some areas and worth checking out.

Entrapment is a defense to charges after they have been filed. If you can avoid the charges from being filed then you are way ahead of the game.

Good luck,

Elena Condes

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Answered on 11/28/05, 4:26 pm
Edward Hoffman Law Offices of Edward A. Hoffman

Re: Liquor to minor/entrapment

Entrapment is when the police pressure or coerce the defendant into committing a crime he would not have committed without that pressure. Merely providing a tempting opportunity to commit a crime is not entrapment, and that seems to be what happened here.

The fact that the young man has no criminal history has nothing to do with his guilt or innocence, and neither does the fact that he doesn't want a misdemeanor on his record. (Who does?)

The number of people who will vouch for his character is also legally irrelevant, but it may matter to the prosecutor when she decides whether and how to charge him. His lack of priors will probably matter more to her.

The young man will probably get a break here and get off with a warning, assuming he has not been warned before. His chances of getting such a break will be better if he has a good lawyer working for him.

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Answered on 11/28/05, 4:34 pm


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