My question involves criminal law for the state of: Ohio
I got a phone call from my wife about 30 mins ago. She works at a gas station in a small town and the authorities ( not local) sent in a minor who was almost of age but had an out of state license. My wife saw the year on the license and not knowing ( which is not an excuse) what to identify on the license from Indiana she assumed by the date he was old enough. Sadly, this was not the case. The person who came back in and told my wife it was a sting operation told her to be at court on Thursday at 7:30 p.m. which seems very odd. Does this mean my wife is going to jail? Not that my wife is any better than anyone but I love my wife and we have three children together, which are young we both work different shifts to help make ends meet. Is their anything we can say or do in her favor. Obviously everyone here is going to say get a lawyer, but is their any other kind of support or does anyone know what may be the normal outcome. Would it be a fine, or fine and probation, or a fine and jail time, and if so how long normally.
Sorry to vent but my wife is very remorseful and upset, and so am I. I do not know what to tell the children is results in jail time.
Selling Alcohol to a Minor in Ohio at a Convience Store
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02-08-2009, 06:22 PMConcerned HusbandSelling Alcohol to a Minor in Ohio at a Convience Store
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02-08-2009, 06:41 PMSecurity ConsultantRe: Selling Alcohol to a Minor in Ohio at a Convience StoreYou are right - this is very odd. Was she cited or just told to appear in court? Something is not right with this one.Quote:
Quoting Concerned Husband
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02-08-2009, 06:52 PMConcerned HusbandRe: Selling Alcohol to a Minor in Ohio at a Convience StoreShe was told to appear and no documentation was filed. Also the cash register has a scanner for the license to validate them, but the one they have does not work and the store was very busy. I know their is no such thing as a honest mistake when selling alcohol.Quote:
Quoting Security Consultant
They sent in a kid who looked old enough and he had out of state license, she thought the date was correct, but it was not. The kid left out the door, and then she saw blue lights come across the street and into the parking lot and the guy who is a state official told her to be at court on Thursday at 7:30 pm. -
02-08-2009, 08:08 PMLawResearcherMissyRe: Selling Alcohol to a Minor in Ohio at a Convience Store
I concur with Security Consultant. Something is very, very fishy here.
I say this as a lifelong Ohio resident who spent ten years in the restaurant business, including running one restaurant's pizza kitchen and carryout beer, wine and spirits department.
What you're describing? Is NOT what happens when the State wants to see if you're paying attention.
Here's the statute regarding compliance checks:
If you fail your compliance check, you are given a WRITTEN CITATION on the spot. There is no "show up at court on Thursday at 7:30PM" without written documentation. The law REQUIRES a written citation.Quote:
* Ohio Revised Code
* » TITLE [43] XLIII LIQUOR
* » CHAPTER 4301: LIQUOR CONTROL LAW
4301.635 Compliance check.
(A) As used in this section:
(1) “Compliance check” means an attempt on behalf of a law enforcement agency or the division of liquor control to purchase any beer, wine, mixed beverages, or intoxicating liquor in the enforcement of any section of this chapter or any rule of the liquor control commission in which the age of the purchaser is an element of the offense.
(2) “Confidential informant” means a person who is under twenty-one years of age and who is engaged in conducting compliance checks.
(3) “Law enforcement agency” means an organization or unit made up of law enforcement officers authorized to enforce this chapter and also includes the investigative unit of the department of public safety described in section 5502.13 of the Revised Code.
(B) Within a reasonable period of time after the conduct of a compliance check, the law enforcement agency that conducted the compliance check, or the division of liquor control if the division conducted the compliance check, shall send written notification of it to the permit holder that was its subject. If the confidential informant who participated in the compliance check was able to purchase beer, wine, mixed beverages, or intoxicating liquor, the citation issued for the violation constitutes that notification. If the confidential informant who participated in the compliance check was unable to purchase beer, wine, mixed beverages, or intoxicating liquor, the notification shall indicate the date and time of the compliance check, the law enforcement agency that conducted the compliance check or, when applicable, that the division of liquor control conducted the compliance check, and the permit holder or a general description of the employee of the permit holder who refused to make the sale.
Effective Date: 04-07-2004
http://codes.ohio.gov/orc/4301.635
What county are you in? In our bass-ackwards and terribly broke state, I am unaware of any county prosperous enough to be able to run a Night Court.
IF this was actually a sting, yes, she does need an attorney.
Mind, that's the maximum. It's more likely that she'll have only a fine, and no jail.Quote:
Providing alcohol to an underage person
A person who furnishes alcohol to an underage person is guilty of a first-degree misdemeanor. The maximum penalty associated with this offense is six months imprisonment or $1,000 fine or both.
http://partysmart.osu.edu/ohio_laws.asp
But let's verify that it's on the up and up, first. -
02-09-2009, 03:30 AMConcerned HusbandRe: Selling Alcohol to a Minor in Ohio at a Convience StoreThank you so much for the help, we live in Wyandot County. We live in the county seat ( that should be easy for you to find). Me and my wife were discussing if she should contact the judge and try to speak with him one on one prior to the court date. The city is Upper Sandusky Ohio. It is a very small town of about 10,000 or so residents. The offical wrote here name and everything down, but did not give here a citation. Does he have to provide it during the incident or is it something he can provide later?Quote:
Quoting LawResearcherMissy
And yes it was a compliance check, he sent in a unmarked teen or underage adult, and then he walked in with a pen and paper and documented the issue, without a citation. -
02-09-2009, 03:42 AMLawResearcherMissyRe: Selling Alcohol to a Minor in Ohio at a Convience Store
It is expected that the citation be written right then and there. I've never heard of it not being done.
The Wyandot County homepage is a shambles, and not informative at all. I can find no mention of Night Court for the county anywhere, so you're going to have to get in touch with the Clerk of Courts.
Get your wife an attorney immediately. -
02-09-2009, 03:43 AMConcerned HusbandRe: Selling Alcohol to a Minor in Ohio at a Convience Store
Also is there any proper procedures they are supposed to perform to make it liable for it to stand up in court? The official did not disclose to my wife, the violation codes or anything just that she sold to a minor and that she had a court date. They also hit other gas stations within this area. What could she do that would be in her best interest. Besides contacting a lawyer? I mean could she plea to the judge and just pay a fine? And how often does this happen? Do they imprison everyone?
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02-09-2009, 03:46 AMConcerned HusbandRe: Selling Alcohol to a Minor in Ohio at a Convience StoreThey do have night court for traffic violations that I do know. Should we contact the acting municipal judge?Quote:
Quoting LawResearcherMissy
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02-09-2009, 04:18 AMSecurity ConsultantRe: Selling Alcohol to a Minor in Ohio at a Convience Store
I'm an ex - law enforcement officer and ex-Investigator for the Ohio Department of Liquor Control. Here's my take on this.
If this is legit your wife would of been issued a citation/ticket to appear in court to answer the charge of selling to a minor. She would have not just been told to show up in court. The "citation" LawResearcherMissy is talking about and pointed out in the statute, deals with the civil citation issued by liquor agents. This is a citation that is served on the spot to the permit holder, sometimes via the permit holders employee.
Liquor Control Agents are the only ones who can issue an on-site action against the liquor permit. All other law enforcement agencies, in a case like this, file a report with the Liquor Department for action against the permit.The OP does not mention a ticket for his wife to appear in court to answer the criminal charge or if she received a citation to give to the permit holder. This is why I think something is not right here.
I hope this all makes sense. -
02-09-2009, 04:30 AMLawResearcherMissyRe: Selling Alcohol to a Minor in Ohio at a Convience StoreNo. She should not even consider appearing in court without counsel, especially given the maximum penalties involved. Don't let her do that.Quote:
I mean could she plea to the judge and just pay a fine?
Liquor violations? All the time.Quote:
And how often does this happen?
No.Quote:
Do they imprison everyone?