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Barrister
Barrister, Criminal Defense Law
Category: Criminal Law
Satisfied Customers: 36165
Experience:  16 years practicing criminal defense.
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I work at a gas station now. i have been in retail businesses

Customer Question

I work at a gas station now. i have been in retail businesses selling alcohol for ten years. i have always strictly followed the guidelines of checking identification for age. But this past friday i was allegedly caught selling alcohol to a decoy for the police. i have no recollection of selling to a minor, but a city officer (not state) walked in and asked me for my drivers license and said i was being charged with "furnishing a minor with alcohol".. i asked who; he said he couldn't tell me. i asked what was the alcohol i sold and where is the recipt; he said he doesnt have to show me anything and demanded my i.d.. He goes to his vehicle, prints a ticket on a normal traffic citation that says local ordinance and brings it back to me saying my court date is January 29th.. i feel somewhat like this was entrapment. and because he couldn't show to me that i was guilty im wondering if it actually happened. so i guess my question is; is this fightable in court? or should i just take it.? and if i do take it; what are they going to do to me...?? fines, jail...??
Submitted: 4 years ago.
Category: Criminal Law
Expert:  Barrister replied 4 years ago.
Hello and welcome! My goal is to do my best to understand your situation and help with your legal problem.
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I used to work as a prosecutor for a State Alcohol Beverage Control office and the enforcement branch regularly ran minor "sting" operations to ensure that merchants that sold alcohol weren't selling to minors. When a minor decoy was sent in to try and puchase, if they were successful, the clerk was issued a citation for sales to minor and given a court date. They don't have to prove their case right then to you. That is for the court case if you contest it.
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The reality of it is that they will have the minor to testify along with at least one officer that was running the operation. So to be very honest, these are virtually impossible to beat if challenged. Either the person sold to a minor or they didn't and the officer has strict protocol that they follow to ensure that they have rock solid evidence of any purchase.
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The offense is charged as a misdemeanor and carries up to a year in jail and a $1000 fine. But for practical purposes, you are likely looking at about a $300-400 fine and no jailtime if this is a first offense.
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Thanks.

Barrister

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Please don't forget to rate my service "OK" or higher. It is only then that I receive credit for my work.

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If you need further help, just reply to me via the “REPLY” or “CONTINUE CONVERSATION” button and I will be happy to continue.

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I am trying to help you understand and resolve your situation but I don't make the laws, so the outcome may not be what you had hoped for.

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Please be patient as I am typically working with several customers at any given time.

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I cannot enter into an attorney client relationship, this is a public forum, and all posts are available for public viewing. There is no duty of confidentiality that attaches to any posts. The information provided is not a substitute for a local attorney’s legal advice.

Expert:  Barrister replied 4 years ago.
Hello again,
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I noticed you rated my service as "bad". Did you have further questions or need clarification on my answer?
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I am sorry that the answer was not good, but to tell you anything other than the truth would be doing you a disservice. I would be lying if I told you that "sure, they will likely drop it if you fight it" because that simply isn't the case.
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But giving me a negative rating for telling your the truth only penalizes me for trying to help you understand what you are looking at.
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Thanks
Barrister