Legal Question in Criminal Law in New York

Recently I was ticketed for underaged drinking and having a fake ID, how should I plea for these charges and what should I expect to happen in court? This is my first offense, does that matter?


Asked on 2/17/14, 12:23 pm

1 Answer from Attorneys

Richard Sweeney Richard F. Sweeney, Esq.

It is possible that having a fake id is a misdemeanor. The underage drinking sounds like a violation. If you are charged with a misdemeanor, you can request an attorney be assigned to represent you. However, the Judge may require that your parents pay the price of an attorney, if they can afford one. Bring a parent to court. When you get to court, request an attorney. The attorney will almost always enter a plea of not guilty. The only exception is when the attorney and the prosecutor have worked out an agreeable disposition. The fact that it is your first offense does make a difference. Make sure you are not re-arrested. You can have a first offense only once. Possibilities for a disposition include an Adjournment in Contemplation of Dismissal ("ACD"). An ACD is when the case is adjourned without a plea for 6 months and the matter is dismissed and sealed as long as you comply with any conditions of the ACD such as community service and that you not be re-arrested.

Good luck.

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Answered on 2/18/14, 12:06 pm


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