Legal Question in Criminal Law in Florida

Unlawful possession of alcohol and fake ID

I was in Panama City, FL for spring break. I was drinking from an open cup and a police officer told me to dump it out. I did, and then he took a whiff of the cup and said I'm under arrest for underage drinking. He did not breathalize me or have any proof that there was alcohol in the actual drink. For all he knows, the cup could have had alcohol prior to me putting coke in it. He also found a fake ID in my wallet, and took me to jail. I have no prior convictions/record for anything.

Since I am out of state, I am probably going to plead guilty over the phone and pay the fines. My questions are:

1) Would it be better to go to court and plead not guilty with a lawyer or pay the fine over the mail?

2) What is the maximum/typical penalty for the charges?

3) How soon would I be able to get them expunged?


Asked on 3/05/05, 6:36 pm

1 Answer from Attorneys
Valerie Masters Valerie Masters, P.A.

Re: Unlawful possession of alcohol and fake ID

The alcohol charge is probably a municipal oridinance which usually equals a 2nd misdemeanor punishable by up to 60 days in jail. The fake id is a misdemeanor too. If you have the money, Id hire someone to see if you can strike a deal to get the charges dropped in exchange for community serice and fine etc. If you cant do that then the phone idea is fine. Expungement is a long way away to discuss. Its hard to tell you what to do since I dont know you or your situation. My best advice is keep your record spanking clean even if it costs a few bucks or is inconvenient.

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Answered on 3/05/05, 7:57 pm


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