Distributing Alcohol to Fiancé Under 21

My question involves criminal law for the state of: Ohio

This past weekend my fiancé and I went to a concert. While there, he bought himself and his buddy a beer. Later in the night his buddy went to the bathroom and had my fiancé hold his beer for him. During that time I took a sip of my fiances beer and before I knew it undercover cops were handcuffing us and writing us a ticket for me drinking under age and him distributing to a person under 21. (I am 19). They did not breathalize me, nor ask any questions at all. They did take beer from both his cup which I drank out of, and his buddy's which I did not touch, and put them in two containers, labeling one as mine and the other his. Then wrote us tickets and kicked us out of the concert.

We were told by someone to plead not guilty. I thought we were guilty since even though he did not "buy" me alcohol he did let me have a sip. Is this correct or should he fight this? I'm not sure what the best option is at this point but we have a 1 year old that I take care of while he works so we cannot afford for him to be going to jail for 6 months or too much in fines. What would be our best option?

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Quoting Bhansel

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We were told by someone to plead not guilty. I thought we were guilty since even though he did not "buy" me alcohol he did let me have a sip.

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If you plead guilty, you will be convicted of the charge. If you plead not guilty, you will have the opportunity to seek a resolution (e.g., deferral, diversion) that might allow you to avoid a conviction. I suspect that the "somebody" was urging you to attempt that latter approach.

I would suggest that you plead not guilty, take this to a jury trial, and argue to the jury that it is stupid and ridiculous, to think that a 19-year-old woman who has a child and who is engaged to be married, is too young to drink alcohol.

And hope that the jury agrees with you.

Yes, I am telling you to attempt to get jury nullification. But this case just sounds ridiculous, and it appears that these "officers" should find more productive things to do with their time.

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take this to a jury trial, and argue to the jury that it is stupid and ridiculous, to think that a 19-year-old woman who has a child and who is engaged to be married, is too young to drink alcohol.

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No.

Bhansel, IGNORE this "advice". It's stupid, will incur the wrath of the court, and is EXPENSIVE. And it will most assuredly backfire.

The legal age to consume in the state of Ohio, as elsewhere, is 21. There are two exceptions: when a parent physically hands his/her minor child a beverage containing alcohol and remains physically with them while they consume, and when a married person does the same with his/her underaged SPOUSE.

As Mr. K recommends, he should plead Not Guilty. This is NOT the same as saying "I didn't do it". It is saying "I am exercising my Constitutional right to demand that you PROVE I did it." Then he should ask for a Public Defender. It's entirely likely that the PD will be able to get him a much reduced penalty, without exorbitant fines or jail time.

I'm in Ohio.

As pointed out above, you have no defense. The law says "SPOUSE," not fiancée.

I also don't think this is going to be that big of a deal. While I'm not saying that it's impossible to get locked up for this, I would be surprised if it happened.

I actually happen to believe that your best - and most inexpensive - avenue would be to plead "no contest," at which time the judge or magistrate will ask for an explanation. At that point, you can point out that although you realize you were legally in the wrong, you also are his fiancée, and you wonder if the judge/magistrate will be kind enough to take that into consideration, since things would legally be different were you actually married.

Of course you can try to get a public defender, but I don't see this case as being such a big deal that you need some complicated negotiating going on. IMO the avenue I described above is likely to get you the same "deal" that a defender could negotiate for you.

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Quoting DeputyDog

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I'm in Ohio.


I actually happen to believe that your best - and most inexpensive - avenue would be to plead "no contest," at which time the judge or magistrate will ask for an explanation. At that point, you can point out that although you realize you were legally in the wrong, you also are his fiancée, and you wonder if the judge/magistrate will be kind enough to take that into consideration, since things would legally be different were you actually married.

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When you say that the defendants should "hope that the judge will take that into consideration", what do you hope that the judge will do? Find the defendants not guilty? Find them guilty and give them a lenient sentence? If the former, then what you're basically arguing for is "judge nullification", as opposed to "jury nullification". Nullification is nullification, no matter who does the nullification.

Please clarify your suggestion.

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Quoting John_28

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When you say that the defendants should "hope that the judge will take that into consideration", what do you hope that the judge will do? Find the defendants not guilty? Find them guilty and give them a lenient sentence? If the former, then what you're basically arguing for is "judge nullification", as opposed to "jury nullification". Nullification is nullification, no matter who does the nullification.

Please clarify your suggestion.

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They are guilty in Ohio of what they were charged with. The suggestion of jury nullification is stupid. It will also be EXTREMELY expensive to take this to a jury trial. In fact, this is just my bet, but if they were to take it to trial and did win, they would spend a couple times more on the trial and defense than they would spend on the fine if they plead guilty. Oh, and they won't win.

This isn't the crime of the century and the stakes aren't high here at all. Either plead not guilty, if you qualify for a public defender get one and ask the prosecutor if he'll plead down the charge to something even less, or go plead no-contest and explain things to the judge in a polite manner, knowing that you are actually wrong but asking for some consideration.

Also, it's not "judge nullification." Judges have wide discretion to dismiss things if they see fit. It's not some out of the ordinary or special thing. It happens pretty regularly. People will come in and say "I got cited for having an expired plate, the day I got my ticket I renewed it and have proof of that," and plead no contest. Many times the judge dismisses the case with costs only.

Now I don't think the judge will dismiss it in this case. But I do think the judge will take the circumstances into consideration and say "Accept your no contest plea, find you guilty, $100 + costs." And life will go on. And that $100 + costs will be SIGNIFICANTLY less than trying to get a jury trial out of this stupid, miniscule case.

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Quoting DeputyDog

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Now I don't think the judge will dismiss it in this case. But I do think the judge will take the circumstances into consideration and say "Accept your no contest plea, find you guilty, $100 + costs." And life will go on. And that $100 + costs will be SIGNIFICANTLY less than trying to get a jury trial out of this stupid, miniscule case.

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But then these two people will have criminal records for the rest of their lives. Taking this to trial and arguing "jury nullification" may be expensive in the short term, but avoiding a criminal record is better in the long term. Better job prospects, etc.

1) Plead not guilty
2) See if you qualify for a Court Appointed Attorney, if not see if an Attorney will at least consult with you on the case
3) You or your Attorney confer with the Prosecutor to see if they will be willing to enter into a diversion if available.