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lwpat
lwpat, Criminal Lawyer
Category: Criminal Law
Satisfied Customers: 25386
Experience:  Practicing criminal defense attorney
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My twin sons were both cited for alcohol prohibition. They

Customer Question

My twin sons were both cited for alcohol prohibition. They were walking, no vehicle involved, sober and had a single can of beer, each, in their possession. They were cited for prohibition in Chinatown, Honolulu, 4/09 The case has been continued and continued and now the judge has split the cases one Sept.11 the second is Oct. The last time my sons appeared the prosecution said they "were not prepared" and no witness was present. The Public Defender asked it be dismissed but the Judge said "no." My sons are both working now and so my questions are these a) are they still entitled to the public defender b) when so many tourists openly drink alcohol in public why has the state pursued this so aggressively? c) I know there is some law that excuses, for one time, any violation but I don't think they should use this. The PD says they have no defense as they were drinking the beer in public...I think they need a private lawyer and am worried that this thing won't go away.
Submitted: 7 years ago.
Category: Criminal Law
Expert:  lwpat replied 7 years ago.
Here they should contact the prosecutor and see if there is an option for pretrial intervention where they pay a fine and do community service and the charge is dismissed.
Customer: replied 7 years ago.
They already tried that an no deal
Expert:  lwpat replied 7 years ago.
That is unusual unless they have a prior record. I would try again. Now that the case is this old, the prosecutor may want to move on.
Customer: replied 7 years ago.
They were cited for the same thing about 3 years ago but the entire thing was dismissed. No penalty/plea,nada. If they're working are they still entitled to the public defender and should I get them a criminal lawyer...I just can't believe they want to pursue this.
Expert:  lwpat replied 7 years ago.
If they are working they are not entitled to PD. If they cannot get pretrial intervention by trying again on their own they should retain an attorney.
lwpat and 3 other Criminal Law Specialists are ready to help you
Customer: replied 7 years ago.
thank you so very much.
Expert:  lwpat replied 7 years ago.
You're welcome and thanks for the accept.