Contributing to the Delinquency of a Minor by Providing Alcoholic Beverages

My question involves criminal law for the state of: New Mexico

I am 19 yrs old and was a server at a restaurant. I was having a terrible day with trouble at home and wasn't in the right state of mind to be working. I was getting through the day taking orders and giving them the food not engaging much with my customers when 3 gentleman came in. I greeted them and each ordered a beer. I mistakenly did not ask for an I.D (one of the few times I didn't because I was still new and was very careful) Turns out it's two undercover sheriffs and a 17 year old. I was told about what had happened and they filed a report and gave it to the DA, but they issued a warrant which I immediately turned myself in and now have a first court appearance in a few days. I have a Public Defender whom can't meet with me until the court date and I'm honestly just scared. I have no prior record and have never been in trouble excluding traffic tickets both of which had been dismissed. What can I expect the DA to charge me with. This is a felony crime in New Mexico and I have a girlfriend in Canada I'd like to visit but if I have a felony I can't. Please help put my mind at ease

I suggest you discuss deferred adjudication with your PD. It appears clear you were not well trained or experienced and assumed the minor was with a parent.

Even if your state doesn't require it, I'd recommend that you take a resppnsible server course. Such are available online. You can ask your attorney if doing such in advance of your trial might be a good idea.

You should also investigate with your attorney the legality of this activity. It is my understanding that NM does not permit those under 18 to be used as decoys in such action. The first court date won't be the last.

I'd be very surprised if this is a felony as you claim. I think you need to research it better.

None of your excuses as to the kind of day you were having are relevant. You screwed up by serving a minor. Plead not guilty and either get a lawyer or speak to the prosecutor (if he/she will speak to you without a lawyer,) explain your concerns, and ask if they might plead it down to something like disorderly conduct.

30-6-3. Contributing to delinquency of minor.
Contributing to the delinquency of a minor consists of any person committing any act or omitting the performance of any duty, which act or omission causes or tends to cause or encourage the delinquency of any person under the age of eighteen years.
Whoever commits contributing to the delinquency of a minor is guilty of a fourth degree felony.

Members please review the NM definition of delinquency. I believe OP's charge is specifically excluded as it occurred in a restaurant and he was charged incorrectly.

Quote:

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(2) buying, attempting to buy, receiving, possessing or being served any alcoholic liquor or being present in a licensed liquor establishment, other than a restaurant or a licensed retail liquor establishment, except in the presence of the child's parent, guardian, custodian or adult spouse. As used in this paragraph, "restaurant" means an establishment where meals are prepared and served primarily for on-premises consumption and that has a dining room, a kitchen and the employees necessary for preparing, cooking and serving meals. "Restaurant" does not include an establishment, as defined in regulations promulgated by the director of the special investigations division of the department of public safety, that serves only hamburgers, sandwiches, salads and other fast foods;

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http://public.nmcompcomm.us/codes/new-mexico/2006/nmrc/jd_32a-2-3-c2ad.html

I disagree with disagreeable. His link is broken, here's a different one: http://law.justia.com/codes/new-mexi...-2-3-c2ad.html

You're misreading the statute. The "other than a restaurant" goes with the "or being present..." phrase. The fact he received, possessed, and was served makes this an act of delinquency.

That was why I asked fellow members to review. I was trying to be helpful but am having a bad day. Aside from knowing 2 + 2 = 4, I am pretty well shot.

Thanks all I have no excuse for what happened I had just made a mistake. In the report the minor shared the same last name with the officer who filed it if that helps, Like I said I've never been in trouble and have never planned on being in trouble, it was just an honest mistake and I'm scared this may ruin my personal life.