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  1. #1
    Join Date
    Dec 2011
    Posts
    1

    Default Minor in Possession, Open Container

    My question involves criminal law for the state of: New York
    Well long story short, this past Friday i was in Manhattan, had one beer in a brown bag and police man saw me and few friends holding it. We all received two pink summons *Possession of alcohol by a minor(65-c) and Open container of alcohol in public*. I am 19, a good student in the university and rarely drink, im about take my LSAT's and GMAT's and start my applying process next year. I know that according to 65-c maximum punishment is $50 fine/ 30 hours of community service/ Alcohol classes/ or any combination of those 3, and it does not limit my license . My questions are as follows :
    1. Will it go on my criminal record?
    2. I am in process of neutralization, will that be affected as well?
    3. Police officer told me i can appear any time before the court date and pay the fine, is that true?
    4. What is my strategy for this situation?
    I know it was wrong of me to drink i admit my mistake, but i am afraid that this will ruin my future life. The research I've done is very vague and keeps leading to inconclusive decisions. Please help me, any information will be helpful, i don't have any money to pay for the attorney and no one to rely on. Any help is appreciated.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Minor in Possession, Open Container

    Both of the charges appear to be violations, such that there is a local record of the charge but no state criminal record. There appears to be a split of authority on the ABC 65-C charge, and you have not identified the statute or ordinance cited for the open carry, so I suggest confirming that with a local criminal defense lawyer.

    If you want to plead guilty and pay the fine, you can do that.

    If you don't want to plead guilty, then I suggest consulting a lawyer about your options.

    Neutralization... You mean naturalization? You'll have to report the incident and I can't promise that it won't cause questions or delays, although I doubt it's going to prevent the naturalization from proceeding. When in doubt, consult an immigration lawyer.

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