Underage Possession of Alcohol in Virginia

[jesst1218]

My question involves criminal law for the state of: Virginia

A few weeks ago, I was at a concert with a few friends. Everyone in my group was over the age of 21, except for me. None of us were drunk. Our drinks were in plastic cups and while I was in the midst of pouring a beer into my plastic cup (not yet drinking), a group of three people approached us. One man showed us a badge and asked for identification. Two of my friends, along with myself, did not have our ID's with us, as we were tailgating in a parking lot and had left our wallets in a different car. While my two other friends happened to be over 21 anyway, the man with the badge chose to pull me aside and asked for my information so he could run it through the State Police. I admitted to being under 21 to save him time and he proceeded to write me a Virginia Court summons for the criminal violation of state law 4.1-305. At this point, I learned that the man who had written this ticket was from the Department of Alcoholic Beverage Control, and not a police officer. An hour later, my friends and I went inside the concert. It turns out this was an unlucky day for me, because my friend asked me to hold her beer while she put on her jacket. The same ABC officer saw me take a sip of her beer and immediately wrote me another ticket.

Here are my concerns:
1) I am familiar with the maximum possible outcomes for an underage possession charge ($2,500 fine, 50 hours community service, 12 months in jail). However, I am more concerned with the PROBABLE outcomes. Essentially, I am asking how often one gets convicted with these large fines and jail times, especially if he or she does not have other alcohol-related charges. Instead, I would like to know what usually happens to 20 year old students who are written these tickets. It would be especially beneficial to hear from someone who has had experience in this area, and to relay what you have seen in court.
2) I am very worried about the implications of my second ticket. Will I be tried separately for each violation? Also, how much extra punishment will this cause?
3) Since an ABC officer and not a state police officer wrote my ticket, I was never handcuffed or arrested. Will this reduce any of the gravity of my punishment? (I apologize if this is an ignorant question; I am desperate!)
4) I am in nursing school in Pennsylvania and I am subject to annual background checks. Will this appear on my background check?

My biggest fear is showing up to court without a lawyer and receiving the maximum sentence. At the same time, however, I am wary to spend several hundred dollars on a lawyer, only to have a minimum fine and/or community service. Ultimately, I do not want to gamble with my potential outcomes without gaining a better idea of what I have ahead of me. Any insight would be appreciated, and sharing any personal experience would be even better.

[flyingron]

If this is your first offense for this, you can get diversion, you'll still lose your iicense, do the VASAP course, do your community service, pay costs, etc... but you'll escape a criminal record.
Even though you were written up twice at once you can still most likely qualify.

You can ask the commonwealth's attorney prior to the trial (they are usually available near/outside the courtroom right before trial time) and see if you will be allowed the diversion. If not you can then ask the judge for a continuance for a lawyer. It will behoove you to have a lawyer when you arrive at your continued date.

Otherwise if you are convicted, it will a class 1 misdemeanor which is as serious as it gets for misdemeanor's here. Yes background checks will show it.


No the "gravity" of the offense is not determined by who arrested you.

[jesst1218]

Thank you for your response. I am considering hiring a lawyer; however, the financial aspect weighs heavily on me. Is there a possibility for me to obtain a court-appointed lawyer? (If this is not a possibility, I once again apologize for my ignorance). What are the pros/cons of using a private lawyer versus an public defender? Furthermore, how do I get a public defender before my court date?

Is there a way for me to qualify for diversion before my court date so I do not have to ask for a continuance?

I have been arrested for shoplifting (another stupid mistake in the past); however I never went to court, and I was dismissed without prejudice. Because I was on a military base when the crime was committed, I was supposed to be brought to federal courts. Ultimately, all I had to to do was complete a NASP course. Will this have any bearing on my upcoming court date, even though it is a State court? And will I still be eligible for diversion or "first offense" because I have no other alcohol related charges?