Legal Question in Criminal Law in Illinois

minor charged for consuming alcohol outside state of residence

My cousin (age = 16) was charged for underage drinking in IL, but she lives in FL. She was in IL on vacation, and had a sip of alcohol at a bowling alley. I live in IL, and went to court for her with a notarized letter from her saying she was sorry for her behavior. The judge said it was missing the magic words. What are the magic words? (I plead guilty?) The judge asked for a ''guilty by affidavit'' from her parents. What is that? Or she asked that an attorney represent her. If she is pleading guilty, why does she need an attorney? Or she said she has to come back to IL. If she come back, does a parent also have to be present? Can her brother, who is over 25, write a notarized letter pleading guilty for her? Thank you very much for your help!


Asked on 7/15/03, 6:05 pm

1 Answer from Attorneys
Mary McDonagh McDonagh-Faherty Law Offices

Re: minor charged for consuming alcohol outside state of residence

Guilty by affidavit is her swearing that she is pleading guilty and to being sentenced by the court. An attorney can represent a client without them being there as they are officers of the court. Her parents are her legal guardians, that is why they must be the ones who sign the affidavit. She cannot make this informed decision on her own without their approval in a sense. Otherwise she must come back to Illinois herself.

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Answered on 7/16/03, 3:33 pm


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