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Ely, Counselor at Law
Category: Criminal Law
Satisfied Customers: 99428
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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my son who will be 21 in Aug 2010, is a college student in

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my son who will be 21 in Aug 2010, is a college student in Marshall MN, was at a party, when the police came he left through the back- he was spotted 2 blocks away- arrested for fleeing on foot, minor consumption with a .123 level. they put him in jail. he had court the next morning- got a $280 fine, year probation, and a misdemeanor
he was not fleeing but was in the wrong never the less.
can the probation be dropped at 21?
there were three other under age 21 males who were stopped in the backyard of the home, they got minor consumption, no fleeing on foot, no jail.
just not sure how to proceed
Submitted: 6 years ago.
Category: Criminal Law
Expert:  Ely replied 6 years ago.

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Does he have any priors?

Customer: replied 6 years ago.
no priors
he plays college baseball- good kid has never had any trouble -
Expert:  Ely replied 6 years ago.
He is a good candidate for something called deferred adjudication. Deferred adjudication (also known in some counties as "diversion") is a type of probation that does not go on his record as a conviction. The probationary period usually consists of community hours, a few self-improvement classes geared towards the offense, drug tests, etc. Time period varies depending on charge and deal worked out with the defense. Now, def.adj. does go on his record, but not as a conviction, and once he completes it, it can be wiped from his record either with a Motion for Expungement or Motion for Sealing of Record (depending on your state). Have your attorney ask for this, or ask himself if for some reason he is not afforded an attorney and choose not to retain counsel. This is a good program, and the worst thing the DA can say is “no,” but even then, they begin talking about bringing the charges down, etc. You’ll be surprised how willing the DA will be to work with him – they often have a full docket and they’ll be happy to “move” your case to make room for more serious matters.

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