My question involves criminal law for the state of: New Mexico
My boyfriend was arrested at his restaurant during a sting operation a week ago. This is a fine-dining restaurant, with a beer & wine license - not a bar.
Cops went in with a minor who was 20 yrs old & 8 mo, with the intent to arrest one of the waiters. Unfortunately it was my boyfriend. My boyfriend took the table from another waiter because they were busy. He was in a hurry and did not card the guy. He was arrested and held in jail overnight. It is now a felony here. I can't believe a simple mistake will now ruin his life.
He has friends in the business who were caught for over serving, and nothing happened to them. He has a friend with 2 DUIs and it's not a felony. My boyfriend who has a clean record, will now be questioned and turned down for applying for anything.
We have hired a lawyer, unfortunately the lawyer said because it was a sting and 20 people were arrested, it will be hard to get my boyfriend off. And the DA is wanting to make an example of this. Please help. A felony, is not necessary. What should I do?