Charged with Selling Alcohol to a Minor
My question involves criminal law for the state of: Ohio
I was charged a few days ago for selling alcohol to a minor. I failed to ask for ID as she looked Mid 20s ( v.bad judgement call )
I have never been in trouble with the law before. I read up on the penalties etc, and called a lawyer. He was asking for a $1500 retainer fee to handle the case, and im not sure whether paying that is the greatest idea.
I spoke to a police friend, who advised me, to plead guilty, and i would end up with a fine of $250 - $500.
My question, and major concern is. When i go to court, can i be given a jail sentence on that day? without having the chance to defend myself? ( and/or get a lawyer)
thats my major concern on this.
A very scared 29yr old thanks
Re: Charged with Selling Alcohol to a Minor
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Ineedhelp2010
My question, and major concern is. When i go to court, can i be given a jail sentence on that day? without having the chance to defend myself? ( and/or get a lawyer)
thats my major concern on this.
A very scared 29yr old thanks
From the Ohio Rules of Criminal Procedure.
Rule 46; Bail;
(D) Appearance pursuant to summons. When summons has been issued and the defendant has appeared pursuant to the summons, absent good cause, a recognizance bond shall be the preferred type of bail.
Unless you are a so called flight risk, etc., etc. if you plead not guilty at your arraignment, you will not have to be jailed until trial, you will be released on your Signature.
Such I believe is a Misdemeanor of the 1st degree and a MAX 6 months in jail and a $1,000.00 fine, but these are MAX. Courts consider other factors when sentencing if you plead guilty or are found guilty.
Any charge over an M-4, is triable by jury, AND, if you indigent, meaning, you can not afford an attorney, they must provide one.
IF you hire the attorney, ask about Ohio's diversion program for 1st time offenders.
IF you plead guilty, politely ask the court to be entered into it, as you say you have never been in trouble before, excluding traffic tickets etc., if you had any.
Ask the attorney if you hire him if this can be expunged at a later time, whatever the Code calls for.