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CrimDefense, CriminalDefenseAtty
Category: Criminal Law
Satisfied Customers: 24437
Experience:  10+ years defending Misdemeanor and Felony cases.
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Hi there, I am a bartender and last night the cops sent an

Customer Question

Hi there, I am a bartender and last night the cops sent an underage decoy at our bar and I failed to check his ID. Of course, I'm being charged with a misdemeanor for furnishing alcohol to a minor. I have a clean record and this is my first offense. Is their a way to argue that their method is unlawful or entrapment?
Submitted: 4 years ago.
Category: Criminal Law
Expert:  CrimDefense replied 4 years ago.

Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help solve your problem.

Good afternoon. I certainly understand your situation and concern with what happened. Entrapment occurs when police induce a person to commit an offense that the person would otherwise have been unlikely to commit. However, entrapment does not exists when a party is ready and willing to break the law and the police merely provide and opportunity to do so. In the situation which you are facing, there was a legal duty, under the law and through your scope of employment, to ID any patrons, to make sure they are over the age of 21 and able to consume alcohol. If you failed to do so, you could be held accountable and responsible for furnishing alcohol to a minor.. The police did not do anything wrong. In order to find out of an establishment is properly ID'ing the patrons and complying with the law, they have to conduct investigations. As such, nothing appears, on the face of what happened, to be unlawful or illegal. Of course, you have a legal right to fight this and can raise any legal defenses which you may have. You can certainly retain counsel and have them look into the facts and procedure of the police and decoy, to see if there is anything that can be used in your favor. If not, they can then work out a plea deal, which is in your best interest and can minimize the repercussions.

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Expert:  CrimDefense replied 4 years ago.
I just wanted to follow up in response to the bad service rating you gave me and see if there is anything else I can answer or clarify. I am happy to still work with you, to resolve this but need to know what was wrong. Please let me know, as I am here to help.

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