dover Posted February 28, 2010 Report Share Posted February 28, 2010 I am in the midst of studying for LSAT and trying to finish my undergrad so I can get into a decent Law School. So my knowledge is very minimal.For anyone willing to deal some free legal advice or help: I know someone who works part time at a drink drive threw, they follow the law to the "T" and don't ever let stuff slip on a normal basis. They have no prior infractions with the law. Skip to Friday. Apparently they ran a sting on the building he works in. They had a minor come through with a vertical I.D. and buy beer. He looked over the I.D. and just messed up with the date. Honest mistake. Any who the passenger in the car was a cop he stepped out and sited him. He has to pay a fine, and the company is apparently saying he has to pay the fine for the company as well! He has court coming up in a week, so I plan to go and sit in, but I'd like to know what I can advise him to say and not say. He doesn't want to hire an attorney because again that is just more money out of his pocket in which he is not well off. He know's he messed up and just wants to plead to not have this on his record. What are the general terms to a first time conviction? Is there any way to fight this? Facts of the case: He's an older gentlemen approx. 50's Has prescription glasses (in which he wasn't wearing at the time). Works the late night shift 4PM to 11PM What are his rights? Any help would be great, if you wish to respond here, or PM that would be awesome. Do not clutter this thread with bullshit as it will be deleted promptly. This is serious and I only have a week to prepare. Quote Link to comment Share on other sites More sharing options...
Doc1647545523 Posted February 28, 2010 Report Share Posted February 28, 2010 I am in the midst of studying for LSAT and trying to finish my undergrad so I can get into a decent Law School. So my knowledge is very minimal. ...... He has court coming up in a week, so I plan to go and sit in, but I'd like to know what I can advise him to say and not say. He doesn't want to hire an attorney because again that is just more money out of his pocket in which he is not well off. ..... Do not clutter this thread with bullshit as it will be deleted promptly. This is serious and I only have a week to prepare. No offense intended, my friend, but the gentleman needs an attorney for advice, not someone wanting to someday become an attorney. It's great that you're willing to be a supportive friend to him, though. If he is "not well off," as you say, then imagine how he will be impacted by a bad outcome in court--an outcome that might be improved considerably if he gets good legal advice. And the legal advice that gets dispensed on car forums is no substitute for hiring a competent attorney to advocate for him in court. Besides the court matter, he also needs good advice in dealing with his employer's insistence that he pay their fine as well. He can approach lawyers he might know through friends who might consider to take the case pro bono or maybe workout a payment plan with them. I'm not sure he could get free legal aid with this in the timeframe you've stated. Also, if he has to pay full fee for a good attorney, I still believe he's better off borrowing the money to do so than he would be just facing court with you and the advice you've gathered. Just my opinion. Delete if you feel it's inappropriate. Quote Link to comment Share on other sites More sharing options...
dover Posted February 28, 2010 Author Report Share Posted February 28, 2010 No I completely appreciate the advice Doc, I even have said he needs a good defense attorney, but he insists it won't help and that he just needs to accept the consequences of his actions. I on the other hand want to just make sure he is indeed making the right move and not ruining any future opportunities. I guess being as stubborn as he is he will just have to pray for the best and prepare for the worst. I primarily asked for advice or information solely to help me better understand the repercussions abroad. Thanks again Doctor! Quote Link to comment Share on other sites More sharing options...
Doc1647545523 Posted February 28, 2010 Report Share Posted February 28, 2010 Well, you can't fault someone who is willing to accept responsibility. However, I believe he's taking an unnecessary risk of losing a lot, just because he won't get some basic professional legal advice. Accepting responsibility is one thing -- but there's little sense in being a martyr over something like this which, frankly, sounds like an honest mistake. Perhaps the judge/magistrate will see it for what it is, but IMO your friend is gambling by not getting a professional legal opinion. Have you considered taking him for at least a one-time legal consultation? Some attorneys do this for free or for a reduced rate, hoping to generate money if they are retained. I'll shut up now. Perhaps some of the attorney spouses can comment. Good luck to your friend. And I'm glad to hear of your career course change. Quote Link to comment Share on other sites More sharing options...
dover Posted March 1, 2010 Author Report Share Posted March 1, 2010 Yeah I started out in the marketing field and I just can't seem to really grasp the whole thing, I took a few legal classes in High School, then again a couple here in college and I seem to do very well in it with little to no effort. So thus my career path has shifted haha. Thanks again Doctora. Quote Link to comment Share on other sites More sharing options...
AWW$HEEET Posted March 1, 2010 Report Share Posted March 1, 2010 Does he have a chance at getting a public defender? I would say to go that route. Some are helpful, some are not, but its worth a try. And do you know what he could potentially face as a sentence? If its just going to be a slap on the wrist or a small fine, he needs to just go up there, own up to the mistake and hope the judge looks favorably upon him. Quote Link to comment Share on other sites More sharing options...
TTQ B4U Posted March 1, 2010 Report Share Posted March 1, 2010 Have you considered taking him for at least a one-time legal consultation? Some attorneys do this for free or for a reduced rate, hoping to generate money if they are retained. That's about the best advice there is. Seek council and take them up on the initial visit/hour for free. They should be up front with him if there's a need to retain them. Otherwise, most reputable attorney's will pass if it's not needed. Quote Link to comment Share on other sites More sharing options...
jerrodh Posted March 1, 2010 Report Share Posted March 1, 2010 Best advice I've had from experiences I've scene in past work environments (worked at a Liquor store so scene alot, and heard alot more from vendors and bars we delievered too). Get him to get some professional help. You really need to put it to him this way if he walks in unprepaired without any help he could get nailed. If he gets some help he will be better off, no matter what. Quote Link to comment Share on other sites More sharing options...
Mensan Posted March 1, 2010 Report Share Posted March 1, 2010 He needs to file an extension to properly prepare and seek legal counsel. The court should grant him this, do it immediately. Let him know the only way the court will listen to the fact that it is an honest mistake (read:bona fide error) is if an attorney tells the judge. They tend not to listen to just anyone that comes in to court (and rightly so). Hiring an attorney is not just to get people out of trouble, but to ensure that the court understands exactly what happened. Quote Link to comment Share on other sites More sharing options...
TTQ B4U Posted March 1, 2010 Report Share Posted March 1, 2010 Hiring an attorney is not just to get people out of trouble, but to ensure that the court understands exactly what happened. exactly. courts also then realize that he's serious about the situation. all to often my wife sees folks trying to defend themselves not just because they can't afford an attorney, but because they really don't understand the seriousness of the situation or don't take it as seriously as they should. Quote Link to comment Share on other sites More sharing options...
dover Posted March 1, 2010 Author Report Share Posted March 1, 2010 Thank you guys, I believe I have talked some sense into him. I do appreciate the help for sure. Quote Link to comment Share on other sites More sharing options...
3.1cutlass Posted March 1, 2010 Report Share Posted March 1, 2010 (A) Except as otherwise provided in this chapter, no person shall sell beer or intoxicating liquor to an underage person, shall buy beer or intoxicating liquor for an underage person, or shall furnish it to an underage person, unless given by a physician in the regular line of the physician’s practice or given for established religious purposes or unless the underage person is supervised by a parent, spouse who is not an underage person, or legal guardian. (I) Whoever violates division (A) of section 4301.69 or division (H) of section 4301.691 of the Revised Code is guilty of a misdemeanor, shall be fined not less than five hundred and not more than one thousand dollars, and, in addition to the fine, may be imprisoned for a definite term of not more than six months. Quote Link to comment Share on other sites More sharing options...
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