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  1. #1
    Join Date
    Jan 2011
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    Default Should We Fight This Under Age Possession Charge

    My question involves criminal law for the state of: Ohio

    My son is 18 and a college student. He went with three friends to a convenience store and waited outside while his friends went in and purchased beer with a fake ID.

    When the boy who bought the beer came outside, he was stopped by an under cover officer and ticketed for buying beer underage. The boy who went into the store with him was also cited.

    The officer asked my son for his driver's license and also cited him for underage possession. He did not participate in the sale, was not holding or carrying the beer, he was just waiting outside. He gave him a ticket and he has a court date of Feb. 14th.

    Should we hire an attorney and fight this ticket? If he's on a public street with someone carrying beer, or having been caught buying beer but didn't do either himself, is he just as responsible?

  2. #2
    Join Date
    Oct 2006
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    15,663

    Default Re: Should We Fight This Under Age Possession Charge

    Quote Quoting cak9135
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    My question involves criminal law for the state of: Ohio

    My son is 18 and a college student. He went with three friends to a convenience store and waited outside while his friends went in and purchased beer with a fake ID.

    When the boy who bought the beer came outside, he was stopped by an under cover officer and ticketed for buying beer underage. The boy who went into the store with him was also cited.

    The officer asked my son for his driver's license and also cited him for underage possession. He did not participate in the sale, was not holding or carrying the beer, he was just waiting outside. He gave him a ticket and he has a court date of Feb. 14th.

    Should we hire an attorney and fight this ticket? If he's on a public street with someone carrying beer, or having been caught buying beer but didn't do either himself, is he just as responsible?
    Did your son intend to drink any of the beer? Did the undercover officer observe your son giving any money to the other boys for the beer? This is probably a ticket you could fight as your son never entered the store and never was observed giving them any money.

    However, your son still wasn't being smart being around anyone doing that.

  3. #3
    Join Date
    Jan 2011
    Posts
    2

    Default Re: Should We Fight This Under Age Possession Charge

    Quote Quoting llworking
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    Did your son intend to drink any of the beer? Did the undercover officer observe your son giving any money to the other boys for the beer? This is probably a ticket you could fight as your son never entered the store and never was observed giving them any money.

    However, your son still wasn't being smart being around anyone doing that.
    Well, I would guess he probably did have some intention to drink the beer. But he did not go into the store, and did not actually handle any of the beer out on the street. He was basically waiting for them to walk back to the dorm.

    I think technically, he never had possession of the beer, but I guess if the judge asked him why he was there or where they were going, it is fairly incriminating on intent.

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