Criminal Law Questions? Ask a Criminal Lawyer.
Good evening, I am a Criminal Defense attorney and former Prosecutor for the State Attorney's Office. I'll be answering your questions today, please understand this is for informational purposes only, and we do not currently have an attorney-client relationship. In order to better assist you, can you let me know what state this occurred in? Thanks!
Okay thanks, ***** ***** me just a few moments while I prepare some information for you!
Yes, if convicted of this charge it will result in points to his license. Also you should know that the open container violation is usually punishable by a maximum of $250 fine. However, since your son is under 21 then it becomes a misdemeanor, and is punishable by up to six months in jail and a maximum $1,000 fine.
That being said, the prosecutor still has to prove their case against him, and perhaps you son has some legal defenses. I recommend speaking with a local defense attorney and sharing with them the details and facts of his case. Also, if this is his first time offense, he may be eligible for a pre-trial diversion program. The terms of diversion programs vary from state to state, but they generally involve rehabilitative classes, community service, a fine, or some combination of the above. Then once the terms of the program are successfully completed, the charges against him are dismissed (points to his license may still be assessed though).
I hope that helps! Please let me know if you have any other questions. Also, please take a moment to rate me using the stars as this is the only way experts are compensated for our time here on 'just answer'. It doesn't cost you anything to rate me, and we can still continue our conversation for free after. Thanks!
Hi yes, I understand. He was given a citation for an open container though right? And he was driving or in the car? If so, then he'll be liable for the open container charge as a 16 year old (ie. under 21). As you said though it was empty, and there may be some other possible legal defenses to get the case dismissed outright, for example maybe the officer didn't have probable cause to stop him, maybe the officer performed an illegal search and seizure. I'd have to know all of the details of the stop to let you know definitively if any of those defenses would be available to your son, but they are potential possibilities.
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Just in case you'd like to have the phone call I mentioned, I'll send you the link. You can also ask me any follow-up questions here in this thread if you prefer.
Hi! Just checking in to see if you have any more questions? I hope I was able to address all of your concerns. Please let me know, I'm here to help. Thanks!