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  1. #1
    Join Date
    Jun 2016
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    2

    Default Minor Charged With Open Container, No MIP Charge

    My question involves criminal law for the state kof: Georgia

    I was charged (written a ticket) only with having an open container of alcohol (40-6-253(b)(1)) in the state of Georgia.

    I am 20 years old, but was not charged with MIP on my ticket, which includes a court date.

    The officer also confiscated a fake ID from my wallet (it did not have my name on it), but did not charge me with any related charges on my ticket.

    My questions:

    1) Can I still be charged for the fake ID and MIP even though they were not on the ticket? The officer took my ID and said he didn't intend to charge me with anything for it.

    2) Do I need a lawyer for this case? It is my first offense involving alcohol or any kind of criminal act, and I am looking to get into some sort of diversion program so that I can get the charge removed from my record. Is that possible?

  2. #2
    Join Date
    Sep 2005
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    98,846

    Default Re: Minor Charged With Open Container, No MIP Charge

    Is it possible? Yes. Is it likely? No.

    It is up to you to determine whether you are comfortable negotiating your own resolution to the case, or whether you need a lawyer. If you have confirmed that your county offers a diversion program, you have confirmed that you qualify, and that is the outcome you desire, you can see if the prosecutor is willing to go along with that disposition before paying for a lawyer.

  3. #3
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Minor Charged With Open Container, No MIP Charge

    Quote Quoting chasew193
    View Post
    1) Can I still be charged for the fake ID and MIP even though they were not on the ticket? The officer took my ID and said he didn't intend to charge me with anything for it.
    You can be charged for anything that there is probable cause that you have committed up until the statute of limitations expiring. Chances are however, that if the officer says you weren't charged, and time passes, you aren't going to be.
    2) Do I need a lawyer for this case? It is my first offense involving alcohol or any kind of criminal act, and I am looking to get into some sort of diversion program so that I can get the charge removed from my record. Is that possible?
    You should at least consult with a lawyer, but note that if convicted the violation will be on your record. You may qualify for young offender status given your age. You should discuss this with the attorney.

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