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  1. #1
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    Default Providing Alcohol to a Minor 19 Year Old While on Probation

    My question involves criminal law for the state of: California

    My 19 yr old daughter was given alcohol by a 35 yr old male waiter at a restaraunt that does not serve, nor is lisenced to serve, alcohol. She was with a 21 yr old friend who was also served alcohol at the same restaraunt. They willingly and knowingly consumed the alcohol, that was purchased by the waiter and poured into their glasses secretly, without other staff members noticing. He was also drinking at work. My daughter became seriously drunk...and ended up driving her friend and herself home (I know, I know!) Horrifically horrible choices being made here.

    The rest of my story is long and gets very complicated, but here it is in a nutshell...

    After several text messages between myself and the waiter (he assumed he was texting with my daughter), he came to my home that evening with even more alcohol for her...hoping she would provide him with naked photos of herself and a friend once drunk. I confronted him and he admitted everything. I also have the text messages with him acknowledging he knew her age, provided the alcohol at the restaraunt, was drinking himself, and came to the house with the intent to provide her with more acohol.

    Questions: If I report him to the police, is it possible for my daughter to be charged also? If he claims that her friend (21) also at some point in time, purchased alcohol for her (which I suspect she did), is it possible her friend will be charged as well? This guy is on probation and as a condition, he is not allowed to drink. What are the possible penalties if he is charged? What are the possible charges and pentalties for my daughter and her friend if the officer decides to charge them also?

    I spoke with the sheriffs dept very briefly over the phone and the lady told me it was unlikely that he would be charged. She said it was the sole discretion of the officer I speak with, as to whether a report would be made, but said he/she 'probably won't make a report about something like that'.

    Please give me any advice you can...this guy is a registered sex offender (pled guilty to molesting a 15 yr old girl) and he knows where we live. He knows where my daughter goes to school. My daughter, while is recognized as an adult because she is 19, is a special needs kids with a very low IQ. She looks 13 at most. He got lucky...a mentally and physically young looking girl, with a legally consentable age. I realise the 'other' things he did with and to her are not illegal because she is 19, but they were wrong on many levels.

    I'm very afraid of what he might do if I go ahead and speak with the police. On the flip side, I'm afraid if he gets away with this completely, he may do it again with some other poor girl. I was able to intevene before it went any further....next girl might not be as lucky.

    Thanks in advance for any advice you can give me.

  2. #2
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    Default Re: Providing Alcohol to a Minor 19 Year Old While on Probation - California

    Quote Quoting tshc
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    My 19 yr old daughter was given alcohol by a 35 yr old male waiter at a restaraunt that does not serve, nor is lisenced to serve, alcohol. She was with a 21 yr old friend who was also served alcohol at the same restaraunt. They willingly and knowingly consumed the alcohol, that was purchased by the waiter and poured into their glasses secretly, without other staff members noticing. He was also drinking at work. My daughter became seriously drunk...and ended up driving her friend and herself home (I know, I know!) Horrifically horrible choices being made here.
    If she and the boyfriend would be willing to testify as to this situation, contact the California Alcohol Beverage Commission or the law enforcement agency of jurisdiction. It can be a crime to serve underage customers and to serve ANY alcohol if not properly licensed.

    After several text messages between myself and the waiter (he assumed he was texting with my daughter), he came to my home that evening with even more alcohol for her...hoping she would provide him with naked photos of herself and a friend once drunk. I confronted him and he admitted everything. I also have the text messages with him acknowledging he knew her age, provided the alcohol at the restaraunt, was drinking himself, and came to the house with the intent to provide her with more acohol.
    Same as above ... call the ABC and/or the local police and report the service to underage persons and serving alcohol without a license.

    Questions: If I report him to the police, is it possible for my daughter to be charged also?
    Possible, but not likely. If she is a cooperative witness, then it is very likely they would not charge her for her lesser offense when they have bigger fish to fry - the restaurateur and the waiter.

    If he claims that her friend (21) also at some point in time, purchased alcohol for her (which I suspect she did), is it possible her friend will be charged as well?
    This is possible, yes. If it can be proven.

    If you are upset about one person serving alcohol to your daughter, why are you not upset about another person doing so?

    This guy is on probation and as a condition, he is not allowed to drink. What are the possible penalties if he is charged? What are the possible charges and pentalties for my daughter and her friend if the officer decides to charge them also?
    The friend can have his or her probation violated and have their original charges reinstated. Any fresh charges would be minor and would depend on what charges are alleged. Penalties might include license suspension, fines, and the slim possibility of jail time. In reality, if they are cooperative witnesses, they likely will not face any NEW charges. However, the probationer may have to face a possible probation revocation.

    I spoke with the sheriffs dept very briefly over the phone and the lady told me it was unlikely that he would be charged. She said it was the sole discretion of the officer I speak with, as to whether a report would be made, but said he/she 'probably won't make a report about something like that'.
    About a restaurant serving alcohol outside its license?? And serving to underage customers? Unless there is something missing here, then this is something that ABC and law enforcement will take notice of. Now, if your daughter and her friend keep their mouths shut, there is no case and whomever you spoke with is right.

    Please give me any advice you can...this guy is a registered sex offender (pled guilty to molesting a 15 yr old girl) and he knows where we live. He knows where my daughter goes to school. My daughter, while is recognized as an adult because she is 19, is a special needs kids with a very low IQ. She looks 13 at most. He got lucky...a mentally and physically young looking girl, with a legally consentable age. I realise the 'other' things he did with and to her are not illegal because she is 19, but they were wrong on many levels.
    Change her phone number so he cannot text her, consider getting a restraining order, and if your daughter is legally incapable of making her own decisions find out about getting conservatorship over her. Unfortunately, you are right, at age 19 and slow, she is ripe for predators. Hopefully she has no independent funds and can only access money through you or through a trust of some kind. Birth control or Norplant might be a great idea as well.

    I'm very afraid of what he might do if I go ahead and speak with the police.
    Molesters are not typically violent to others, so I don't know if you have any more to worry about if you report him. However, if you do NOT report this, then he goes on his merry way without some scrutiny.

    On the flip side, I'm afraid if he gets away with this completely, he may do it again with some other poor girl. I was able to intevene before it went any further....next girl might not be as lucky.
    Yep!

  3. #3
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    Default Re: Providing Alcohol to a Minor 19 Year Old While on Probation

    Contact the police and the ABC, as he said.

    Could you live with it on your conscience if you found out this guy does this to someone else? And you could have prevented it by turning this info in?

    Next: As suggested, get your daughter on some kind of birth control. As if is legally not capable of making her own decisions, you need to step up to the plate and be more aware of WHO/WHAT/WHEN/WHERE/WHY/HOW - who she's with, what they are doing, when, where, etc.

  4. #4
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    Default Re: Providing Alcohol to a Minor 19 Year Old While on Probation

    Pandora: Thankyou for your insight into my parenting skills. My daughter is slow...not completely incapable of functioning. There is not a minute of the day that I do not know where she is and who she is with. I have managed to keep her safe and out of harms way for 19 years. Do you have a special needs child? Do you know how much it takes to raise a kid like this? In this instance, she was at a very nice restaraunt that does not serve alcohol, no more than half a mile from my house. Pedophiles do not walk around with a big P tatooed on their foreheads so we can identify them immediately. I cannot walk around behind my daughter, taking down the full name of every person she comes in contact will and then rush home to do a background check on them.

    I do not need to step up to the plate my dear. I've been standing on the plate for almost 20 yrs. Her being at the restaraunt was part of her IEP (Independant Education Programm) which is headed by psychologists, her school educators and a number of other professionals who all work together to prepare her for the real world. She is, remember, 19. She was permitted to have unsupervised visits to the restaraunt because she needs to learn how to order food and pay her bill (including tip) at the end. She also goes to the supermarket. If she does not learn to do these things, she will not be able to take care of herself when I'm not here one day. The unsupervised visits came AFTER the supervised visits. I myself sat in that restaraunt with her many a time...helping her learn. We live in what most ppl would consider to be a very very nice neighborhood in a very affluent area. It's not like I sent her onto the streets down skid row to go hang on a street corner. Pedophiles live everywhere...we're all surrounded by them.

    I'm not an absent parent. I knew exactly where she was and who she was with. She was with a friend, remember. Her friendship with this waiter was a very slow-building one. He primed her over many months. Pedophiles are good at what they do. They are good at convincing their victims to 'not tell'. And lets pls remember that because I was not an absent parent, I was able to find out, step in and put an end to it before something truly truly horrific happened.

    Could I live with it on my concience if he did this to someone else? No I couldn't...and that is why I found this forum to ask for advice. I am simply trying to prepare both myself and my daughter for what is inevitably coming. Knowing what is possibly around the corner, makes it easier to walk around it. With that said, it would also be irresponsible for me to go ahead and make a report if I was sure that harm might come to my daughter. In my pefect world, they'd lock this sick guy up for a very long time. In the real world however, he'll get a few weeks, possibly a couple of months for the probation violation and then he's back out and angry.

    Thanks again....

  5. #5
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    Default Re: Providing Alcohol to a Minor 19 Year Old While on Probation - California

    Quote Quoting tshc
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    My daughter and her (female) friend would be willing to testify, however my daughter is hairing impaired and her friend is profoundly deaf and only communicates via american sign language. The are both very easily confused and overwhelmed.
    That could make prosecution extremely difficult. Without them, they have no case.

    The restaraunt did not know the waiter was serving alcohol to the girls, he did so secretly. He knew them for seveal months and had 'befriended' them. Ugh!
    So, you have spoken to the management at the restaurant? Have they agreed to fire this guy? He is a HUGE civil liability to them now that they know what he is capable of.

    Pls don't get me wrong. I'm more than upset. I'm beside myself over this whole situation. However, my daughters friend is her friend for a reason. They were in special education together (daughter still in highschool, won't graduate until she's nearly 20) and they both have maturity issues. They both made horrible decisions. They both are in a lot (A LOT) of trouble for what they've done. I just would hate to see either of them be punished legally for something they really didn't have the capacity to fully comprehend the seriousness of.
    Unfortunately, it can be a two edged sword. If they are legally incapable of committing a crime due to mental incapacity, that same incapacity will make them poor witnesses.

    However, if the police manage this properly they might be able to get the guy to cop to providing alcohol to a minor and plead to that minor offense. So, it may never have to go to trial. Someone like him doesn't like have the money for a shark of an attorney anyway.

    It's the waiter who is on probation. The court records were hard to read, but I think this probation (he's had others) is either for failure to register as a sex offender and/or one of the DUI's.
    Then the cops should want to be all over him. I'd call the agency you originally spoke to back. Have an officer come out for the report. Then, follow up on the report and find out where it has gone and who might be doing the follow up. The more stale this becomes, the less likely it will be successfully pursued.

    Again, the restaraunt wasn't serving...the waiter was.
    Like it or not, if he was serving at the restaurant even without their permission, the restaurant can be held liable. ABC can apply a lot of pressure as can local law enforcement if they choose to.

    When I spoke with the Sherrifs dept, they were very cold about the whole thing. The lady said that if I wasn't a witness to it, it's their word against his. I know their word isn't going to be as concise as necessary (sing language etc)...that's why I texted him to get him to admit what he'd done. I'm afraid if I speak to an officer, they will question him and then do nothing. If that happens, all I have is an angry guy who likes young girls and knows where we live etc.
    If you do nothing, you know he will keep doing it. I cannot guarantee what will happen if you make the report, but if this guy is on probation - especially if he has priors for sex crimes of some sort - then the coppers are going to want to be acquainted with him. Don't let one person you spoke to on the phone discourage you.

    Perhaps if you sit down and write out the statements of the two girls for them and have them sign them, so that they do not have to necessarily explain the whole thing to the reporting officer it might be easier on the girls.

    Can you give me any advice on a restraining order pls? I wouldn't know where to start. This is all a first for me. In fact, I've never spoken to an officer about anything before. Never had to. The rest has been taken care of already
    Good to hear about the rest. I got a heck of an education on your sort of situation with a young lady hear in town and her three friends. The one girl had a grandmother as her guardian who was a nurse, very sharp, and very up on the rules and the laws on this topic. I learned a great deal from her and her granddaughter over the years. To this day, whenever her granddaughter (now 23) sees me, she smiles and has to give me a big hug. She has the mental acumen of a 9 year old, but the appearance of a young lady of her years - and a trust fund - which makes her very vulnerable to predators. Hence the reason I asked about a conservatorship and Norplant.

    As for the restraining order, these can be applied for at the court house. The forms for a civil harassment order may be available on your court's website if they have one. And most counties also have a free or low cost service to assist people in completing and filing this paperwork, so you might want to call the courthouse and ask a few questions.

    But he does have a conviction for assault. He got jail time for that. There was also a separate charge of battery at a different time, which was dismissed when he pleaded guilty to breaking and entering. I'm really very scared.
    Frankly, most these guys blow smoke and rely on the perception of fear to avoid prosecution. Without knowing the details of his assault it could have been part of a bar fight, it could have been his beating a girlfriend, or just about anything else. Retaliatory attacks are extremely rare in any case, even more so in non-gang matters or non-DV issues.

    Thanks for taking the time to respond...I really just don't know what to do.
    I'd pursue it as far as it can go At least it may make him think twice about praying on girls/women who are incapable of understanding the consequences of their actions.

  6. #6
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    Default Re: Providing Alcohol to a Minor 19 Year Old While on Probation - California

    [QUOTE]
    Quote Quoting cdwjava
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    That could make prosecution extremely difficult. Without them, they have no case.
    Yes, that is why I texted with the waiter. Having the saved texted messages from his phone to my daughters, I thought might help with proving everything. It's harder to say you didn't do something when there are messages from you stating that you did.


    So, you have spoken to the management at the restaurant? Have they agreed to fire this guy? He is a HUGE civil liability to them now that they know what he is capable of.
    I have not spoken to the management or the owners. I called the sherrifs dept first, thinking they would take my statement and talk to the restaraunt owners themselves.

    However, if the police manage this properly they might be able to get the guy to cop to providing alcohol to a minor and plead to that minor offense. So, it may never have to go to trial. Someone like him doesn't like have the money for a shark of an attorney anyway.
    That is what I'm hoping. The waiter knows I have his text messages, his emails, both girls statements and photos they took of themselves with him, while at the restaraunt. Hopefully he'll feel like it's best for him to plead guilty.


    Then the cops should want to be all over him. I'd call the agency you originally spoke to back. Have an officer come out for the report. Then, follow up on the report and find out where it has gone and who might be doing the follow up. The more stale this becomes, the less likely it will be successfully pursued.
    I have called them back already (since my last post on here). Different lady on the phone this time. She stated basically the same as the first lady... Then, to my surprise, she said my daughter probably had a fake ID. When I told her that wasn't the case she didn't really seem to believe me. She kept saying that I'd be surprised what teenagers get up to these days and my daughter probably had an ID that I wasn't aware of. Then she said I couldn't prove my daughter didn't have ID and all the waiter had to do was say that she did. End of case. I reminded her that the restaraunt didn't serve alcohol, so even if my daughter did have ID (even though she didn't), he was still not allowed to serve her any. He had to have purchased it himself and taken it to the restaraunt. She said I would be surprised the things teenagers will tell their parents just so they won't get in trouble and perhaps my daughter took the alcohol to the restaraunt herself. I assured her this wasn't the case and said I'd really like to talk to an officer about everything that had happened. She told me the following "Yes ma'am, you're entitled to have an officer come and speak with you, but this does not sound like something that will be taken much further than that. Are you sure you want to speak with an officer?" I said "yes please". Then she suggested (quite firmly) that it might be best if I go into the station when it's open, as the officers are very busy right now. So back to square one...I have to wait until Monday morning.

    If you do nothing, you know he will keep doing it. I cannot guarantee what will happen if you make the report, but if this guy is on probation - especially if he has priors for sex crimes of some sort - then the coppers are going to want to be acquainted with him. Don't let one person you spoke to on the phone discourage you.
    I'm 0 for two now. But I will try again. They just seem more interested in my apparently 'out of control' teenager, than they are in the guy who's on probation and has a very long criminal history.

    Perhaps if you sit down and write out the statements of the two girls for them and have them sign them, so that they do not have to necessarily explain the whole thing to the reporting officer it might be easier on the girls.
    Fantastic idea! Thankyou, I hadn't thought of that.

    Good to hear about the rest. I got a heck of an education on your sort of situation with a young lady hear in town and her three friends. The one girl had a grandmother as her guardian who was a nurse, very sharp, and very up on the rules and the laws on this topic. I learned a great deal from her
    I guess I'm learning my own lesson right now. No easy thing, that's for sure.

    As for the restraining order, these can be applied for at the court house.
    Thankyou so very much. I will look into this immediately.


    Frankly, most these guys blow smoke and rely on the perception of fear to avoid prosecution. Without knowing the details of his assault it could have been part of a bar fight, it could have been his beating a girlfriend, or just about anything else. Retaliatory attacks are extremely rare in any case, even more so in non-gang matters or non-DV issues.
    That's comforting to hear...here's hoping it's only smoke. According to the research I did, he beat up a security guard pretty badly. It's unclear why, but he was apparently drunk at the time. Alcohol seems to play a prominent role in his life.

    I'd pursue it as far as it can go At least it may make him think twice about praying on girls/women who are incapable of understanding the consequences of their actions
    I agree wholeheartedly...I just hope I'm able to speak with an officer who understands or cares a little more than the ladies on the phone. I called thinking it would be there job to help me, and instead I feel like it's their job to screen the calls and determine which ones are worthy of help and which ones aren't. I'm so tired of hearing "it's a misdemeanor ma'am - you realize that, right?"

    So, in closing I think you've answered all the questions I have. Please know that I appreciate you taking the time to do so. You have helped me alot. I will go to the police station on Monday morning, but I don't have high hopes that anyone will do anything about this guy. If the police can't or won't then I'll go to the restaraunt and speak with the owners...at the very least he'll lose his job and maybe move to someone elses neighborhood. Not ideal, I know, but once I speak with the police it's out of my hands.

    Thanks again for taking the time to give me advice on this. You're a star

  7. #7
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    Default Re: Providing Alcohol to a Minor 19 Year Old While on Probation - California

    Quote Quoting tshc
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    Yes, that is why I texted with the waiter. Having the saved texted messages from his phone to my daughters, I thought might help with proving everything. It's harder to say you didn't do something when there are messages from you stating that you did.
    It can help, but without substantiation, the text messages may not stand by themselves. It is easy to "spoof" a number these days, so if they wanted to use them as evidence at a trial they would also have to subpoena the phone records if they could.

    I have not spoken to the management or the owners. I called the sherrifs dept first, thinking they would take my statement and talk to the restaraunt owners themselves.
    I would think they would. But, maybe not.

    I have called them back already (since my last post on here). Different lady on the phone this time. She stated basically the same as the first lady...
    Forget talking to these ladies. They are either call takers or dispatchers and may not know or care about what is going on. Get those statements from your daughter and her friend, and go in and speak to a deputy or - preferably - an investigator/detective.

    In what jurisdiction did this occur? I might actually know someone down there to refer you to.

    I'm 0 for two now. But I will try again. They just seem more interested in my apparently 'out of control' teenager, than they are in the guy who's on probation and has a very long criminal history.
    That's because you are talking to the wrong people.

    That's comforting to hear...here's hoping it's only smoke. According to the research I did, he beat up a security guard pretty badly. It's unclear why, but he was apparently drunk at the time. Alcohol seems to play a prominent role in his life.
    And the assault likely occurred at a bar or some other venue, not as a result of him stalking someone.

    I agree wholeheartedly...I just hope I'm able to speak with an officer who understands or cares a little more than the ladies on the phone. I called thinking it would be there job to help me, and instead I feel like it's their job to screen the calls and determine which ones are worthy of help and which ones aren't. I'm so tired of hearing "it's a misdemeanor ma'am - you realize that, right?"
    Yep, it is a misdemeanor, but they should have better customer service than that. If it were my department, I'd be miffed that my people were being so discouraging. You may be right, however, in larger agencies calltakers are often expected to cull the meaningless calls from the more vital ones so that officers do not waste their time on frivolous responses. I imagine this is a large agency? If it is a small one, then I would be talking to the Chief/Sheriff about the attitude of his or her employees!

    I will go to the police station on Monday morning, but I don't have high hopes that anyone will do anything about this guy. If the police can't or won't then I'll go to the restaraunt and speak with the owners...at the very least he'll lose his job and maybe move to someone elses neighborhood. Not ideal, I know, but once I speak with the police it's out of my hands.
    You can only do what you can do. If they choose no to follow up on it, then about all you can do is seek that restraining order.

    Thanks again for taking the time to give me advice on this. You're a star
    You are welcome.

    And, as a note, that girl and her grandma I spoke of previously, she had similar issues including a sexual assault, so I have had to deal with these matters and still managed to get arrests and convictions on her cases. So it can be done provided the agency is interested in actually doing it.

  8. #8
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    Default Re: Providing Alcohol to a Minor 19 Year Old While on Probation

    My apologies to you. It is good to see there is a parent who does care for their "slow" adult child. There are sooo many who don't.

    That said though...you do need to talk to her long and hard about drinking so much that she got drunk and then driving home.

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    Default Re: Providing Alcohol to a Minor 19 Year Old While on Probation

    Quote Quoting PandorasBox
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    My apologies to you. It is good to see there is a parent who does care for their "slow" adult child. There are sooo many who don't.

    That said though...you do need to talk to her long and hard about drinking so much that she got drunk and then driving home.
    PandorasBox:

    Is this expertparenting.com or expertlaw.com?

    Talk to her long and hard about drinking and driving? Seriously? Thankyou so much...it's a stroke of brilliance! I'll stop praising her and giving her lollipops and instead I'll start telling her not to drink and drive. My chat with her will have to wait a bit though...she's in the yard playing with a loaded gun. As soon as she comes inside, we'll have that talk.

    Sorry, but I think I have the Mom thing covered. She lost her car (indefinitely), she lost her cell phone, she lost her computer, she lost her Ipod and she lost the trust of her parents (a very big deal to her). She leaves the house to go to school only. She's on 100% lockdown with supervision at all times. I enrolled her in a teen safe driving class which she will go to with her interpreter in tow. Didn't I already say she was in a LOT of trouble for what she's done? Rest assured, I'm not sitting idly by, blaming the guy who gave it to her, and patting her on the back for being cute. She did a terrible thing and she's paying for it dearly. Her Grandfather (my dad) lost his leg when he was hit by a drunk driver many years ago. Like I said, I've got it covered. I was looking for advice on how to deal with my situation...not on how to talk to/parent my daughter. Sorry if I sound harsh...but enough already...please.

    In what jurisdiction did this occur? I might actually know someone down there to refer you to.
    Thankyou thankyou thankyou...It's almost dumbfounding how kind you're being to a total stranger. I thank you for that. I spoke with an officer today and it's in their hands now. He was hard to read and didn't show any emotion, so I'll have to wait and see what, if anything, he decides to do. I took your advice and had statements from the girls. He did read them. So, I'm certainly in a better place now than I was...here's hoping...fingers crossed.

    Regardless of what happens, I learned alot these last few days. It's funny to think I've lived all these years and not once have I spoken to the police. A good thing, I thought...but it didn't help me at all, to know nothing about the process. I was naieve beyond words. I thought if I dialed their number they'd send someone out who would shake my hand, introduce him/herself and then listen intently to my story. In reality, I got the run around on the phone and then when I finally got to speak to an officer...there was no handshake....there was no introduction....just "Hi, what do you need?" in a less than patient voice. I'm not knocking the police, I'm thankful to have them. I'm just remarking on the difference between my imagined reality and the real world. Lesson learned

    Yep, it is a misdemeanor, but they should have better customer service than that. If it were my department, I'd be miffed
    I get that they're busy and I understand their need to prioritize. If I ever have an emergency and need to dial 911, at least I know they'll come quickly and not be sitting in someones living room wasting time on misdemeanors. haha!


    You can only do what you can do. If they choose no to follow up on it, then about all you can do is seek that restraining order.
    I guess to get a restraining order, someone has to have threatened you. He didn't do that...not directly.

    And, as a note, that girl and her grandma I spoke of previously, she had similar issues including a sexual assault, so I have had to deal with these matters and still managed to get arrests and convictions on her cases. So it can be done provided the agency is interested in actually doing it.
    I'm pleased you were able to help her and her granddaughter. I wish you worked in my neighborhood

    I thanked you already, but I'll thank you again. The time you took to give me advice was the difference between me letting it go or following through. Thanks to you, I followed through....and no matter what happens from here, I'm pleased I did. You're an absolute gem! And just like the granddaughter who hugs you when you walk by...I send a hug your way also....earned and well deserved.

    In what jurisdiction did this occur? I might actually know someone down there to refer you to.
    Thankyou, thankyou, thankyou, it's almost dumbfounding how kind you're being to a complete stranger. I thank you for that. I spoke with an officer today so it's in their hands now. He was hard to read and didn't show any emotion so I'll just have to wait and see what happens. I took your advice and had statements from the girls. He did read them. So I'm in a better place now that I was. Fingers crossed. Regardless of what happens, I'm pleased I followed through. If it hadn't been for you, I'd have never made it past the ladies on the phone

    Yep, it is a misdemeanor, but they should have better customer service than that. If it were my department, I'd be miffed
    I understand they are busy and I understand their need to prioritize. If I ever have an emergency and need to call 911, at least I know they'll come quickly because they won't be wasting their time on silly misdemeanors. haha

    And, as a note, that girl and her grandma I spoke of previously, she had similar issues including a sexual assault, so I have had to deal with these matters and still managed to get arrests and convictions on her cases.
    I'm pleased you were able to help her and her granddaughter. I wish you worked in my neighborhood

    I thanked you already, but I'll thank you again. The advice you game me was the difference between me following through with this, or letting it go. No matter what happens, I'm pleased I followed through. I was naieve and although I'm still stinking of cluelessness, I at least know more than I did. You're a gem! And just like the granddaughter who gives you a big hug when you walk past her in the street....I send one from me to you....earned and well deserved.

  10. #10
    Join Date
    Jan 2010
    Posts
    9

    Default Re: Providing Alcohol to a Minor 19 Year Old While on Probation

    I'd contact the probation officer (PO). People on probation have basically no more rights than a prisoner. They've been excused from jail as a second chance. If a probationer's PO thinks that he's become worthy of incarceration, a judge is likely to agree. Contacting ABC (or equivalent) is not a bad idea, but the PO can put the hurt on this guy much more quickly and definitively than any bootlegger-chasing bureaucrat.

    And I wouldn't worry about charges against your daughter, especially if you contact the PO. I guess that technically she possessed alcohol while under 21 at some point. I would suggest that she personally not admit this to anyone. But there's no physical evidence whatsoever to this fact, and I seriously doubt the PO will care about this once he realizes that one of his probationers is misbehaving severely. To be more technical, it takes proof "beyond a reasonable doubt" to convict your daughter. All it takes to put waiter-boy in jail is a gut feeling on the part of his PO.

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