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Joseph
Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 5036
Experience:  Extensive experience representing employees and management
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I am working at a local store in San Mateo for the past couple

Customer Question

I am working at a local store in San Mateo for the past couple off weeks while between jobs. While I had several customers in the store to watch. I processed a transaction as another customer asked a question of me. The customer appeared to be late 20's and it was a single beer so I waved her through. The customer turned out to be an under cover agent. It was a low level transaction of the type I had processed several in the past hour and looked like a regular customer I had carded.
Submitted: 1 year ago.
Category: California Employment Law
Expert:  Joseph replied 1 year ago.
Hello and welcome to JustAnswer.

I'm very sorry to hear about your situation and hope I can help.

What question do you have regarding your situation?
Customer: replied 1 year ago.

I am working at a local store in San Mateo for the past couple off weeks while between jobs. While I had several customers in the store to watch I processed a transaction as another customer asked a question of me. The customer appeared to be late 20's and it was a single $2 beer so I waved her through. The customer turned out to be an under cover agent age 17. It was a low level transaction of the type I had processed several in the past hour and looked like a regular customer I had carded before in the past couple of weeks. We have been carding other customers all weekend as it was rather busy due to the volume of foot traffic. Has it been hard liqueur I might have made more of it at the time. The previous day we knew the police had been running an operation. It was a momentary loss of attention on part.


 


This is my first offense ever, and I'm scared since I took the part-time position as a stop gap between jobs. I'm frightened that this will affect my future employment searches as I have interviews scheduled in the next couple of weeks for full time employment.

Expert:  Joseph replied 1 year ago.
Hello Frank,

My goal is to provide you with excellent service this evening.

This is an extremely minor misdemeanor offense, which is punishable by a $250 fine or 24-32 hours of community service. In addition, in order to be found guilty, the state would need to prove that you had knowledge that the person was under the age of 21, so you would have a defense that the person appeared to be in his or her late 20s and that you were distracted at the time.

See Business and Professions Code Section 25658:

http://codes.lp.findlaw.com/cacode/BPC/1/d9/16/3/s25658

This type of offense is extremely unlikely to affect any future employment prospects though even if you are convicted. (Although, unfortunately, for the offense, it doesn't matter that only a single beer was purchased instead of a large bottle of hard alcohol).

However, you should definitely initially plead not guilty and talk to an attorney or a public defender to see if they can arrange a plea bargain, so you can plead down to an infraction.

If you plead to an infraction, there would be no possibility that it would affect future employment, as infractions are the same as traffic and speeding tickets, and you would not have to answer that you had ever been convicted of a misdemeanor.

Since my goal is to provide you with the best service, please don't hesitate to ask any follow up questions.

If you don't have any, please remember to rate my answer positively so I get credit for my work!

Thanks and best of luck!


Joseph, Lawyer
Satisfied Customers: 5036
Experience: Extensive experience representing employees and management
Joseph and other California Employment Law Specialists are ready to help you
Customer: replied 1 year ago.

Thank you for your advice. I plan to talk this over with the store manager tomorrow. I may have some additional questions to ask you seeing this is my first offense ever, and I've been stressing about it since it happened. I did not want this to happen to my current employer seeing that they have helped me out in the past.

Expert:  Joseph replied 1 year ago.
Thanks; feel free to contact me with any follow-up questions.
Expert:  Joseph replied 1 year ago.
Hello Frank,

Thank you for your positive rating of my service!

Please contact me on JustAnswer should you have any further legal issues.

You can contact me by placing ‘To Joseph’ at the beginning of your question and/or requesting me directly in the California Employment Law category.

When you receive your Customer Satisfaction Survey from JustAnswer, please rate me highly (9-10)! High customer satisfaction scores ensure that I will continue to provide you and other customers with excellent service and they are greatly appreciated!

Thanks again and best of luck!

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