Legal Question in Criminal Law in Illinois

consumption of alcohol by minor

my daughter was at a friends house and had drank 1 beer. somebody called the cops and when they went there they pushed the boy out of the way to gain entry. they did not have a search warrant. my daughter was asleep and they woke her up and had her take a breathalizer. she blew a .066 she was then handcuffed, arrested and taken away. they did not read her rights to her. can we fight this?


Asked on 10/11/05, 1:40 am

2 Answers from Attorneys
alexander tolmatsky law offices of alexander tolmatsky

Re: consumption of alcohol by minor

yes you can and you should

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Answered on 10/11/05, 6:32 am
Michael R. Nack Michael R. Nack, Attorney at Law

Re: consumption of alcohol by minor

Yes, certainly you can fight the charge. Based upon the facts included in your post it seems clear that the police violated someone's constitutional rights. However, this is a relatively minor charge in the larger scheme of things. It might make mor economic sense to negotiate a plea bargain in order to avoid any chance of the young girl taking a conviction on her record. Either way you choose to proceed you definitely should hire an attorney. Good luck1

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Answered on 10/11/05, 8:42 pm


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