Working for a Sting Operatation After a MIP Charge

My question involves criminal law for the state of: Delaware

Hi, a friend under 21 was stopped by police for carrying alcohol in a cup in public. They were given a "Probation Before Judgement Summary". They were given a document describing the PBJ which has the following two points:

"Upon successful completion of the probationary period, the charge is dismissed and no points are assessed to your driver's license."

"You have to plead guilty or no contest to the offense(s) with which you are currently charged in Aldermans Court".

The officer told them that if they agree on a future date to work with them in trying to buy alcohol using a fake ID at a bar, then all of this would "go away".

So my questions:

1.The officer provided no documentation of this undercover option - they said to just email them about it.. sounds strange - what documentation should they provide about this to make sure it's legit?
2. If opting out of option #1, will this all be erased from their criminal record once the probationary period is successfully completed?

Thanks

Unless the requirement to be an informant is part of the court order then the cop is playing the kid. Have the kid ask his attorney about the matter. The cop has no authority to make anything go away at this point. Only before the kid walked into the courtroom could the cop elicit the prosecutor to drop the charges (and it still would not be the cops choice of what happened). Once the courts were involved it is entirely up to the court as to what happens.

Thanks, yes it sounds strange, I'll try to find out more about it.

Do you have any more details about the "Probation Before Judgement"? My understanding is that as long as they don't get into any more trouble during the probation period, this incident won't cause a criminal record to be started (they don't have any criminal record, yet).

Thanks

I haven't read it but by the name it sounds a lot like what other states have often called deferred adjudication or pre-trial diversion. Generally when in such a deal as long as you follow the rules the charge gets dismissed at the end of the probation period.


i suspect this is the applicable law:


http://codes.lp.findlaw.com/decode/11/42/4218

Makes sense, thanks for the help.