Legal Question in Criminal Law in Kentucky
19 year old college student cited for public intoxication
My son was cited for public intoxication. He was charged with and plead guilty to this same charge 6 months ago. He went through a diversion program and the charge expunged from his record. Do we fight this ? Can it be expunged again so soon after the last charge? If he pleads guilty, what happens next time he's charged with this offense? How long will this remain on his record if not expunged?
2 Answers from Attorneys
Re: 19 year old college student cited for public intoxication
It is, of course, possible to fight the charge. There is also some possibility that the charge might be able to be resolved in manner similar to the last such charge.
Many more facts would need to be known before a more definitive answer could be given. For example, if the 19 year old voluntarily began participating in an Alcohol Education Program, that might be taken into account by the prosecutor and the court. Evidence that the family takes the under-aged alcohol consumption seriously might also help.
The only way, in my opinion, to get a more definitive answer is to consult with a criminal defense lawyer. Many offer free initial consultations.
Re: 19 year old college student cited for public intoxication
May be able to be expunged again if there is no record of the diversion, but likely there is a records of it since it is so soon since his last charge. There may be a way to plead to a leesor offense that will not appear alcohol related, but that will partially be at the discretion of the officer and prosecutor. There may be a way to litigate it as well depending on the facts.
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