ExpertLaw.com Forums

Wrongful Accusation of Selling Alcohol to Minor

Printable View

  • 08-29-2011, 02:51 PM
    ProudPreemieParent
    Wrongful Accusation of Selling Alcohol to Minor
    My question involves criminal law for the state of: North Carolina.
    I was recently terminated as a cashier for 'selling alcohol to a minor'. But I have several reasons to believe this wasn't me/my fault.
    I was hired as a cashier, but I often got pulled to do things like zoning, stocking, or cleaning. I spent less than 12% of my time on the clock actually on the register (The store manager posts this information weekly).
    Well, I got pulled into the manager's office on August 16th or 17th, it was such a blur. They told me that I had sold alcohol to a minor on July 3rd.

    1) I don't even remember if I worked that night, and if I did, I'm pretty sure I wasn't on a register.
    2) I ALWAYS ID people who look under 40.

    Well, they told me that at this point, the details were vague, but they believe he had a fake ID. (They also claimed there were two off duty police officers in line, directly behind him, who knew he was underage, knew him personally, and knew the ID was fake obviously). We were NOT trained to spot fake IDs, only which IDs are acceptable forms of ID. I asked to see video footage (They have cameras above each register), and they refused to let me see it. I asked repeatedly and they both said "No." They also told me that I was fired.
    I got a notice in the mail Saturday stating I had a Warrant/Criminal Summons waiting on me. So I went today and picked it up, and now, it's REALLY not making sense.
    It says that the "Date of Offense" is 07/16/2011. How is that if it supposedly happened July 3rd?
    And for another matter, it says under "Names & Addresses of Witnesses", the name, I'll say is J.D.R. I looked this particular person up on Facebook and he is a Wal-Mart Employee. I thought that the witnesses were off duty cops?

    Someone please, please help me make sense of this. I have a 9 month old son, I don't want to do jail time (I don't even know what the punishment for this matter is!) I'm just so confused.
    Thank you, so much, in advance.

    Was charged with I 18B-302(A)(1)
  • 08-29-2011, 03:05 PM
    Mr. Knowitall
    Re: Wrongful Accusation of Selling Alcohol to Minor
    If this was a police sting, I doubt that they presented a fake ID. We have no way to tell you what happened or what the evidence may be, and cannot explain what the various out-of-context items you're quoting from whatever document you have in hand might mean. If two police officers can describe you as the cashier, unless your twin was working the register, odds are it was you. Retain counsel or, if you qualify, seek court-appointed counsel and get a copy of the police report.
  • 08-29-2011, 07:57 PM
    ProudPreemieParent
    Re: Wrongful Accusation of Selling Alcohol to Minor
    Quote:

    Quoting Mr. Knowitall
    View Post
    If this was a police sting, I doubt that they presented a fake ID. We have no way to tell you what happened or what the evidence may be, and cannot explain what the various out-of-context items you're quoting from whatever document you have in hand might mean. If two police officers can describe you as the cashier, unless your twin was working the register, odds are it was you. Retain counsel or, if you qualify, seek court-appointed counsel and get a copy of the police report.

    I highly doubt it was a sting operation. I always card anyone who looks under 40 as store policy.
    We do have register numbers for each person, for example (Not using real ones) Kelly would be 4489 with password 4489. Steve would be 4454 with password 4454. Most of the newer register numbers have the same password, so it could have easily been someone else using my register number, I'm thinking.
    I'm going to see my lawyer Thursday.
    Do you, or anyone, know what the maximum/minimum punishment was me if I were found guilty?
    Can I demand to see the video footage of the night in question that they refused to let me see?
  • 08-29-2011, 08:59 PM
    Mr. Knowitall
    Re: Wrongful Accusation of Selling Alcohol to Minor
    If you were presented with what appeared to be a valid ID, you and your lawyer can use that as a possible defense. But if it wasn't a sting, it seems exceptionally unlikely that you wouldn't have seen something happen at the time, given what you believe to have been the coincidental presence of two plain clothes police officer eyewitnesses to the transaction. You can talk to your lawyer about obtaining a copy of the surveillance video.
    Quote:

    Quoting NCGS § 18B‑302.1. Penalties for certain offenses related to underage persons.
    (a) A violation of G.S. 18B‑302(a) or (a1) is a Class 1 misdemeanor. Notwithstanding the provisions of G.S. 15A‑1340.23, if the court imposes a sentence that does not include an active punishment, the court must include among the conditions of probation a requirement that the person pay a fine of at least two hundred fifty dollars ($250.00) as authorized by G.S. 15A‑1343(b)(9) and a requirement that the person complete at least 25 hours of community service, as authorized by G.S. 15A‑1343(b1)(6). If the person has a previous conviction of this offense in the four years immediately preceding the date of the current offense, and the court imposes a sentence that does not include an active punishment, the court must include among the conditions of probation a requirement that the person pay a fine of at least five hundred dollars ($500.00) as authorized by G.S. 15A‑1343(b)(9) and a requirement that the person complete at least 150 hours of community service, as authorized by G.S. 15A‑1343(b1)(6).

    (b) A violation of G.S. 18B‑302(c)(2) is a Class 1 misdemeanor. Notwithstanding the provisions of G.S. 15A‑1340.23, if the court imposes a sentence that does not include an active punishment, the court must include among the conditions of probation a requirement that the person pay a fine of at least five hundred dollars ($500.00) as authorized by G.S. 15A‑1343(b)(9) and a requirement that the person complete at least 25 hours of community service, as authorized by G.S. 15A‑1343(b1)(6). If the person has a previous conviction of this offense in the four years immediately preceding the date of the current offense, and the court imposes a sentence that does not include an active punishment, the court must include among the conditions of probation a requirement that the person pay a fine of at least one thousand dollars ($1,000) as authorized by G.S. 15A‑1343(b)(9) and a requirement that the person complete at least 150 hours of community service, as authorized by G.S. 15A‑1343(b1)(6).

    (c) In addition to the punishments imposed under this section, the court may impose the provisions of G.S. 18B‑202 and of G.S. 18B‑503, 18B‑504, and 18B‑505.

All times are GMT -7. The time now is 11:17 AM.
Powered by vBulletin® Version 4.2.4
Copyright © 2023 vBulletin Solutions, Inc. All rights reserved.
Copyright © 2004 - 2018 ExpertLaw.com, All Rights Reserved