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Charges for Procurement of Alcohol to a Minor

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  • 05-01-2016, 01:15 AM
    DumbKid
    Charges for Procurement of Alcohol to a Minor
    My question involves criminal law for the state of: Nebraska

    Hi, as my username states, I am a very dumb kid. Getting right to the point with my incident...
    I know absolutely nothing about law, I am a freshman chemistry major in college at the moment (pre-health), no past problems with the law and good grades (if that's even relevant), 18 years old. This is my second semester of college total.

    Recently, my roommate and I decided to have a small party within our dorm with a few other friends of ours (we were all minors except for my roommate who is 19). After being called in with a noise complaint for being too rowdy/loud, our RA caught us with alcohol within our dorm that had also been consumed by everyone within the dorm except one person who was the DD for everyone excluding myself and my roommate. Our RA followed campus policy (it's a dry campus) and notified campus security who then notified the police. My roommate purchased the alcohol with a fake ID but the police were not informed of this. After several hours of waiting, ticket write ups, phone calls to parents, etc., my roommate and I were both charged with procurement of alcohol and everyone else except the one person who was the DD (since he hadn't drank) was charged with an MIP. No breathalyzers were given except to the DD who claimed he hadn't drank (and actually hadn't) and blew zeros. My court date is at the end of May and I'm just a scared kid trying to figure out what I'm looking at and if I can get this off my record as this seems traumatizing to my future. I have no excuses for my crime as I took the risk and got caught. Any responses would be greatly appreciated. Thanks.
  • 05-02-2016, 04:55 PM
    Mr. Knowitall
    Re: Charges for Procurement of Alcohol to a Minor
    Assuming that you are charged with violating Nebraska Statutes, Sec. 53-180, and that there is no contention that your provision of alcohol to minors caused injury to somebody, you would be looking at a Class I misdemeanor charge, punishable by not more than one year of imprisonment, or one thousand dollars fine, or both (plus court assessments).

    A local criminal defense lawyer can advise you about the possibility of diversion programs, first offender programs, and the like, that might allow you to avoid a conviction for the charge.
  • 05-02-2016, 06:33 PM
    DumbKid
    Re: Charges for Procurement of Alcohol to a Minor
    Hey thanks for the reply. The officer on duty said my charge was a class III if i remember correctly. I've semi-lawyered up (a family friend criminal defense attorney requested I fax over my citation to him and he said he would speak with the city prosecutor about diversion. Again, I know nothing about law, but if you have any idea, what is the likelihood of me receiving diversion as apposed to having to go to court and does diversion prevent this charge from appearing on my record?
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