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  1. #1
    Join Date
    Mar 2017
    Posts
    4

    Exclamation Charged With Selling Alcohol to a Minor Despite Checking the License

    My question involves criminal law for the state of: Georgia

    I work at a chain retail store that also sells alcohol. Today, a customer came in and bought some beer. I asked for the license, and the birth year appeared to be 1991, thus I made the sale. After that the customer left, some time passed (5 minutes maybe) and an officer came in and cited me for selling to a minor. The only thing I can think of is that perhaps the licence was moved up in the small frame of the wallet to cover up what might have been a "7" instead of a "1". If not, then it was a fake license. No idea. But the officer asked for the bills back the customer used to pay with -- thus it was clearly a sting. Regardless, I'm charged with Georgia code 3-3-23. According to the statute, and information online, the fine is up to $300, and 6 months in jail. Is this correct? I have no criminal record. Heck, not even a driving infraction. I'm 35, male.

    I can't afford a lawyer, so what should I do? Plead guilty and hope for the best?

  2. #2
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: Checked License and Still Cited for Selling to Minor in Sting

    Plead guilty and go to jail.

    Plead not guilty and see if you qualify for a public defender.

    Meantime, keep your mouth shut and don't talk to cops or anybody else about this except an attorney when you get one.

    Watch this:

    https://www.youtube.com/watch?v=i8z7NC5sgik

  3. #3
    Join Date
    Mar 2017
    Posts
    4

    Default Re: Checked License and Still Cited for Selling to Minor in Sting

    Well I don't know if the DA would be seeking jailtime. If they are not, from what I understand, I wouldn't qualify for a court appointed attorney. Of course, this leads me to my next question: How do I know what the DA will be seeking? Is there a way to find out beforehand so I know how I should plead?

  4. #4
    Join Date
    Jul 2010
    Posts
    8,006

    Default Re: Checked License and Still Cited for Selling to Minor in Sting

    Did the officer return the alcohol you sold? If not, they now the money and the alcohol. I would think your employer (former?) would not be happy about that. I know I wouldn't and I'd be raising 9 kinds of hell with the police department.

    As to how it happened, that is why the training says you should request the person hand over the actual license and physically inspect it.

  5. #5
    Join Date
    Nov 2007
    Posts
    1,419

    Default Re: Checked License and Still Cited for Selling to Minor in Sting

    Plead not guilty,your probably just gonna get a fine and maybe having to take a class. You want to see if it's possible to enter in to a diversion program or get it reduced to a non criminal charge,so you can avoid a criminal conviction. Normally when you plead not guilty,the Da offers some type of plea bargain.

  6. #6
    Join Date
    Mar 2017
    Posts
    4

    Default Re: Checked License and Still Cited for Selling to Minor in Sting

    Quote Quoting tc498
    View Post
    Plead not guilty,your probably just gonna get a fine and maybe having to take a class. You want to see if it's possible to enter in to a diversion program or get it reduced to a non criminal charge,so you can avoid a criminal conviction. Normally when you plead not guilty,the Da offers some type of plea bargain.
    OK, thank you.

  7. #7
    Join Date
    Oct 2016
    Posts
    1,131

    Default Re: Charged With Selling Alcohol to a Minor Despite Checking the License

    Quote Quoting GAMountains
    View Post
    The only thing I can think of is that perhaps the licence was moved up in the small frame of the wallet to cover up what might have been a "7" instead of a "1".

    So then you really did NOT look at the license - that's what you're saying.

  8. #8
    Join Date
    Mar 2017
    Posts
    4

    Default Re: Charged With Selling Alcohol to a Minor Despite Checking the License

    Quote Quoting Highwayman
    View Post
    So then you really did NOT look at the license - that's what you're saying.
    No, at worst I misread the license. Which requires looking at it.

  9. #9
    Join Date
    Jul 2015
    Location
    Florida
    Posts
    301

    Default Re: Charged With Selling Alcohol to a Minor Despite Checking the License

    You may have a valid defense. You need to talk to a lawyer. You do not want a criminal record of any kind. If you do not qualify for a public defender then hire a lawyer.

  10. #10
    Join Date
    Oct 2016
    Posts
    1,131

    Default Re: Charged With Selling Alcohol to a Minor Despite Checking the License

    Quote Quoting GAMountains
    View Post
    No, at worst I misread the license. Which requires looking at it.
    Which basically means you didn't pay much attention to it. You said part of the license was covered in the buyer's wallet. That is not misreading the license - it's not looking at it, or at least not looking at the important part of it.

    You should at least consult with an attorney - consultations are often free. You can then find out some more information and what it would cost you to defend yourself.

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