Legal Question in Criminal Law in Minnesota

Failed alcohol compliance sting

I was working as a bartender and an undercover cop came in to the restaurant with an 18 year-old to perform a sting and he got me. The guy looked like he was in his late 20's. I have to go to court next week and I would just like to know what usually happens in these cases, if there's anything I need to know so that I'm prepared, etc. Thank you very much for any help you can offer.


Asked on 1/03/07, 9:13 pm

2 Answers from Attorneys

Thomas C. Gallagher Gallagher Criminal Defense

Re: Failed alcohol compliance sting

When I have repsented clients faced with this type of problem, the goal has generally been to keep the client's public record free of conviction, as well as free of a guilty plea. Note that evne with no "conviction," a guilty plea would precude expungment under Minnesota Statues Chapter 609A.

You should consider retaining a good lawyer with experience and optimism in these kinds of cases, ASAP.

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Answered on 1/05/07, 3:47 pm
John Jesperson Minnesota Lawyers - Jesperson Law Offices

Re: Failed alcohol compliance sting

I presume you are going to court on a first appearance, at which you will be arraigned on the charge. I further presume you have been charge with a gross misdemeanor under 340A.503.

In general, most defendants will be expected to enter a not guilty plea at the first appearance, and the matter will be scheduled for a pretrial. You may wish to speak with the prosecutor (if he/she is present) at the time of arraignment. It is conceivable you could work out a plea agreement at that time, although the odds of settling the matter at the first appearance are not great. I also would not encourage you to do this without an attorney present, and you should be aware that a plea is only "half" the battle -- the other "half", somewhat regardless of the plea, is the sentence.

Without knowing more about the specifics of your charge and the facts (whether an ID was requested, a false ID offered, etc) it is difficult to speculate. Further, I would need to know more about a variety of factors that would be relevant to the negotiation of a plea agreement and to the court in a sentencing -- your age, lenght of time you have tended bar, whether you have any professional training as a bartender and when and where you obtained it, whether you have any prior charges for this or other offenses, among other things.

You should be aware that the law is fairly strict about the type of identification that must be presented for the purchase of alcohol. The statute also provides for a defense if you reasonably relied upon a false ID. (Essentially, you are not required to be an expert in the detection of forged documents.)

Please feel free to contact me if you require additional information. My contact information appears below.

Thank you for your question.

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Answered on 1/03/07, 10:17 pm


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