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CrimDefense
CrimDefense, CriminalDefenseAtty
Category: Criminal Law
Satisfied Customers: 15969
Experience:  7+ years defending Misdemeanor and Felony cases.
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I was given a ticket for hosting an underage party. I didnt

Customer Question

I was given a ticket for hosting an underage party. I didn't give the kids alcohol, but when I found they were drinking I told them they had to stay the night and weren't allowed to leave. Instead two boys left to a near by park in our subdivision and were smoking weed and the neighbors called the police.

My husband and I have to appear and court and I was wondering should no plea not guilty and give my side or plead guilty and pay the fine?
Submitted: 4 years ago.
Category: Criminal Law
Expert:  CrimDefense replied 4 years ago.
What State did this happen in? Was the actual charge against you Hosting an Underage Party or did they charge you with anything else?
Customer: replied 4 years ago.

This happened in Wisconsin.

Violation Description: Adult permit/Underage Drinking

Ordinance Description: Allowing underage alcohol consumption

Expert:  CrimDefense replied 4 years ago.
Knowledge is going to be a key element to the charge. If you knew the minors were drinking and allowed it, your defenses are going to be limited. The issue with the minors leaving the home and smoking marijuana, is not really the issue. The case is going to be decided upon what was going on in the home, your presence and what knowledge you had of this party. If you go to court and take a plea on the case, there will be a fine and likely this will appear on your record. If you go to trial, you need to have a legal defense to present. It is best to consult with an attorney who can look over the facts of the case and see what defenses you have. They need to review the discovery, which is the evidence the prosecutor will use to prove their case. Once they review it, they can give you a better understanding of fighting this or taking a plea because it is in your best interest.
Customer: replied 4 years ago.
I knew the kids were drinking after I went downstairs and told them to turn the radio down, at that time I only saw one person was drinking and he was drinking beer that he brought into our home.
Expert:  CrimDefense replied 4 years ago.
If it was only one kid drinking a beer and you asked him to dispose of it, you could have a defense that you lacked the knowledge and did not to allow it, after you saw what was happening.
Customer: replied 4 years ago.
They had all been drinking but he was the only one I saw.
Expert:  CrimDefense replied 4 years ago.
If you saw him and stopped it, you could have a defense. If they had been drinking, you knew about it and allowed it to go on, you may want to consider a plea. You need to read the police report and see what evidence they have. They may have a hard time proving their case and you can fight it.
Customer: replied 4 years ago.
Can I call and ask to get a copy of the report?
Expert:  CrimDefense replied 4 years ago.

You likely will have to go to the police station to obtain a copy.They will not just fax it over.

 

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