Legal Question in Criminal Law in Florida

received a summons for court in lake county, fl for statue 586.015 open house party. I was one of 8 at my house. I was the only one who received a summons. I am 20 yrs old and currently attending college. Do I plead guilty or nolo contendere. If the office who wrote the citation does not appear and I plead not guilty, will it be dismissed? Will this be on my record?


Asked on 3/28/11, 2:29 pm

2 Answers from Attorneys

N. Ryan LaBar LaBar Adams

If you plead not guilty, then the case will be set on a trial docket. The officer will receive a subpoena to testify and most likely show up at the trial. If he or she does not, then the case may be dismissed at that point. However, hoping that a material witness will not show up for court is a risky strategy, especially when that witness is law enforcement.

If you plead guilty or no contest then you will have a record for the conviction or withhold of adjudication. A better alternative may be to try to enter into a deferred prosecution or pretrial diversion agreement. That way if you complete the contract, the case will be dismissed. It may be worth your time to contact an attorney in Orange or Lake County regarding representation.

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Answered on 3/28/11, 2:43 pm
Karen Kilpatrick http://www.ExpungeRecordFlorida.com

Hi,

Criminal arrests stay on your record unless you have them sealed or expunged. If charges are dropped, you can expunge. If adjudication is withheld, you can seal (assuming all other eligibility requirements are met).

Florida statutes, chapter 856 defines an illegal open house party in the following way:

No person having control of any residence shall allow an open house party to take place at said residence if any alcoholic beverage or drug is possessed or consumed at said residence by any minor where the person knows that an alcoholic beverage or drug is in the possession of or being consumed by a minor at said residence and where the person fails to take reasonable steps to prevent the possession or consumption of the alcoholic beverage or drug.

A violations is punishable as a second degree misdemeanor.

Without knowing the details of your situation, I can't advise what you should plea, but keep in mind to remove the record you will have to receive a withholding of adjudication or have the charges dismissed.

Please feel free to contact me directly if you have additional questions.

www.ExpungeRecordFlorida.com

954-362-7148

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Answered on 3/28/11, 2:44 pm


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