Charged With Selling Alcohol to a Minor Despite Checking the License
My question involves criminal law for the state of: Georgia
I work at a chain retail store that also sells alcohol. Today, a customer came in and bought some beer. I asked for the license, and the birth year appeared to be 1991, thus I made the sale. After that the customer left, some time passed (5 minutes maybe) and an officer came in and cited me for selling to a minor. The only thing I can think of is that perhaps the licence was moved up in the small frame of the wallet to cover up what might have been a "7" instead of a "1". If not, then it was a fake license. No idea. But the officer asked for the bills back the customer used to pay with -- thus it was clearly a sting. Regardless, I'm charged with Georgia code 3-3-23. According to the statute, and information online, the fine is up to $300, and 6 months in jail. Is this correct? I have no criminal record. Heck, not even a driving infraction. I'm 35, male.
I can't afford a lawyer, so what should I do? Plead guilty and hope for the best?
Re: Checked License and Still Cited for Selling to Minor in Sting
Plead guilty and go to jail.
Plead not guilty and see if you qualify for a public defender.
Meantime, keep your mouth shut and don't talk to cops or anybody else about this except an attorney when you get one.
Watch this:
https://www.youtube.com/watch?v=i8z7NC5sgik
Re: Checked License and Still Cited for Selling to Minor in Sting
Well I don't know if the DA would be seeking jailtime. If they are not, from what I understand, I wouldn't qualify for a court appointed attorney. Of course, this leads me to my next question: How do I know what the DA will be seeking? Is there a way to find out beforehand so I know how I should plead?
Re: Checked License and Still Cited for Selling to Minor in Sting
Did the officer return the alcohol you sold? If not, they now the money and the alcohol. I would think your employer (former?) would not be happy about that. I know I wouldn't and I'd be raising 9 kinds of hell with the police department.
As to how it happened, that is why the training says you should request the person hand over the actual license and physically inspect it.
Re: Checked License and Still Cited for Selling to Minor in Sting
Plead not guilty,your probably just gonna get a fine and maybe having to take a class. You want to see if it's possible to enter in to a diversion program or get it reduced to a non criminal charge,so you can avoid a criminal conviction. Normally when you plead not guilty,the Da offers some type of plea bargain.
Re: Checked License and Still Cited for Selling to Minor in Sting
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tc498
Plead not guilty,your probably just gonna get a fine and maybe having to take a class. You want to see if it's possible to enter in to a diversion program or get it reduced to a non criminal charge,so you can avoid a criminal conviction. Normally when you plead not guilty,the Da offers some type of plea bargain.
OK, thank you.
Re: Charged With Selling Alcohol to a Minor Despite Checking the License
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GAMountains
The only thing I can think of is that perhaps the licence was moved up in the small frame of the wallet to cover up what might have been a "7" instead of a "1".
So then you really did NOT look at the license - that's what you're saying. :rolleyes:
Re: Charged With Selling Alcohol to a Minor Despite Checking the License
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Highwayman
So then you really did NOT look at the license - that's what you're saying. :rolleyes:
No, at worst I misread the license. Which requires looking at it.
Re: Charged With Selling Alcohol to a Minor Despite Checking the License
You may have a valid defense. You need to talk to a lawyer. You do not want a criminal record of any kind. If you do not qualify for a public defender then hire a lawyer.
Re: Charged With Selling Alcohol to a Minor Despite Checking the License
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GAMountains
No, at worst I misread the license. Which requires looking at it.
Which basically means you didn't pay much attention to it. You said part of the license was covered in the buyer's wallet. That is not misreading the license - it's not looking at it, or at least not looking at the important part of it.
You should at least consult with an attorney - consultations are often free. You can then find out some more information and what it would cost you to defend yourself.
Re: Charged With Selling Alcohol to a Minor Despite Checking the License
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GAMountains
No, at worst I misread the license. Which requires looking at it.
You and your lawyer should get the opportunity to see a copy of the license when you get the incident report. After that, you'll know if there might be any basis to your position that you confused a "7" for a "1" due to the wallet -- but be aware, part of your job in checking IDs is to make sure you see the birthdate, even if it's partially obstructed by a wallet, so the prosecutor might not have much sympathy for the argument.
The police don't use fake IDs in sting operations of this nature.