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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 23591
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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I need some help : I caught a third degree felony which I

Customer Question

Hey pearl I need some help
JA: The Criminal Lawyer will need to help you with this. Have you consulted a lawyer yet?
Customer: My name is***** caught a third degree felony which I took the rap for someone for fraud and got drug court for it I Clea ed myself up and have been Clean and trying to get my life together. I have a job offer but I need a card to serve alcohol as a waiter
JA: My brothers got into lots of trouble with the law when they were young. The Criminal Lawyer will know how to get you the best outcome. Is there anything else the Criminal Lawyer should be aware of?
Customer: I'm on DRUG court
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Criminal Lawyer about your situation and then connect you two.
Submitted: 6 months ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 6 months ago.

Hi,

I'm Zoey and I'll be assisting you. I'm reviewing your question now. Are you online at this time?

Expert:  Zoey_ JD replied 6 months ago.

If so, in what US state is this happening and what is the quesition you have with regard to this. Have you graduated Drug Court yet?

Customer: replied 6 months ago.
Hey I have not graduated yet but my whole act has been turned around and I just want to be the person I am now and not be held for the past I really have a good job offer I would just be handing out alcohol as a waiter
Customer: replied 6 months ago.
What needs to be done for me to get this card
Expert:  Zoey_ JD replied 6 months ago.

Drug Court requires you to have a job before they let you graduate from the program. But they are not going to allow you to take any job where you'd be at risk to reoffend.

Have you talked to your program, your case manager and your in house counsel about this job? They are the people you would need in your corner to clear you for this type of job. If they are on your side, they can make it happen with the judge. If not, unfortunately, they have the right to refuse to allow you to take a job where alcohol is served.

Customer: replied 6 months ago.
They allow me to work here but my job requires a abc liquor card and I need to get it
Expert:  Zoey_ JD replied 6 months ago.

In what state are you?

Customer: replied 6 months ago.
New Jersey
Expert:  Zoey_ JD replied 6 months ago.

Thank you. Give me a few minutes to look up the law and see the requirements for the card.

Customer: replied 6 months ago.
My charge is a third degree felony of theft
Expert:  Zoey_ JD replied 6 months ago.

Thank you.

Unfortunately, you would be disqualified as a result of your felony to work as an employee of a licensee under the ABC laws, unless you can get an exception made for you.

You need to see page 72 of the attached PDF file to see what you'd have to do to get a permit allowing you to work. You'd need a Rehabilitation Employment Permit, or a Temporary Work Letter . Obtaining this appears to be complex and is something you're going to need a lawyer to help you with.

Fortunately, Drug Court has its own lawyer whose job would be to assist you with this. As the court has no objection to the nature of the employment, it should provide someone to see to it that you can get the card.

Customer: replied 6 months ago.
Do they make exceptions ever
Expert:  Zoey_ JD replied 6 months ago.

Yes. You can see that in the attachement I gave you.

Customer: replied 6 months ago.
But what are the exceptions
Expert:  Zoey_ JD replied 6 months ago.

The exceptions are if you can get a temporary work permit or a Rehabilitation Employment Permit from the ABC Board.

Customer: replied 6 months ago.
can people with a third degree charged felony get onefof those and if so why so
Expert:  Zoey_ JD replied 6 months ago.

See page 73 of the PDF.

The ABC Director has the discretion to let you work there. How readily he will grant it is another matter. This is not an easy fix.

Presently, you are not legally allowed to work on the premises where alcohol is served. But, if you get your Drug Court lawyer invested in helping you with this. Perhaps with the backing and references from your lawyer, treatment team and the Drug Court judge, the ABC would be willing to grant you what you need for an exception

Customer: replied 6 months ago.
But I'm not even gonna be serving the alcohol I'm just waiting on tables
Expert:  Zoey_ JD replied 6 months ago.

I understand. However, even if you are only a waiter, under NJ law, you need the card. You're not qualified for the card unless the ABC will give you an exception.

Expert:  Zoey_ JD replied 6 months ago.

Just checking in to see if you need more help or any clarification of my answer. If so, please reply here on this question thread.

Customer: replied 6 months ago.
I'm just nervousi have a great job and I don't want to lose it based on my past I turned my whole attitude around and I need a abc card or permit to work here.
Expert:  Zoey_ JD replied 6 months ago.

Unfortunately, unless the ABC board will create an exception for you, you cannot get this job. In my experience, however, the Drug Court will do what it can to help you get what you need. They want you to have a great job every bit as much as you want it. So talk to your case manager and the in-house counself.

Best of luck to you.

Customer: replied 6 months ago.
What is it that I will need from my Probation officer
Expert:  Zoey_ JD replied 6 months ago.

The treatment court lawyer will tell you. Essentially, you'll probably want a lot of recommendations.