Criminal Law Questions? Ask a Criminal Lawyer.
Hello. My name is XXXXX XXXXX I will be glad to help you.
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Were you actually arrested for this offense?
No, i got a citation and have to court this month
What is the exact criminal charge that you are facing?
Under aged drinking
Were you also caught with this fake id?
I had three bottles of liquor with me
Yes, I also had to give the fake id to the officer
Were you charged with the possession / use of a fake id?
No, just under aged drinking, but in the citation also says how many bottles i had with myself
Well this is a very serious misdemeanor charge
It carries a fine of up to $1,000 and a jail of up to 12 months upon conviction.
Is there any way to avoid prison?
Also, since you are here on a student visa, it would be likely that your student visa would never be renewed and you might not be able to re-enter the US.
you mean jail?
I was sober at the moment thought
yes i mean jail
Prison is generally when someone is sentenced to more than 12 months.
Well, you do need to consult with a very experienced local criminal defense attorney as soon as possible.
It might be possible for the local experienced attorney to get you into the program which would subject you to fine and probation, but if you complete it, the case would be dismissed without a criminal conviction.
does that make sense and is that something that you would want to do?
Anything would be better than jail or the denial of my student visa
Well, the student visa can be still effected.
Unfortunately, getting charged with a crime, while on a visa is never looked favorably by the Department of State that issues visas or Homeland Security.
Do you think that you have a drinking problem?
I wouldn't say it is a drinking problem, it was just for a party and not all for myself
it is also my first offense
Are you aware that it is illegal for anyone under 21 to consume alcohol or to purchase it? Also, possession and use of a fake id can constitute a felony under Georgia law?
I read that some states have this "First Offense"policy that gives more options to the people who commit it
Because it is your first offense, your local attorney might be able to get you in the first offender program that I have described to you.
I wasn't aware of it as a felony. But i was aware of the legal drinking age
You can find an experienced local criminal defense attorney by using this well trusted and reliable attorney information / referral websites:
I wish you the best of luck and please let me know if you have any related follow up questions.
And what would be the least of the penalties i could get in this case?
It will be likely at least a 1 year probation and up to $1,000 fine plus court costs, which can be up to $1,000 or even more.
Do you have any related follow up questions?
I think that would be all.
thank you very much
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