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Hi： Good afternoon,I am a international student from China.My

Answered by:LADYLAWYER
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Hi：
Good afternoon,I am a international student from China.My friend borrow my driver permit to Club and use it but the police officer caught him and caught me outside.We need go court on next Monday(July 9),so we really need your guys'advice.His violation is underage and borrow other's ID to club buy wine,my violation is 507.590(1)(a):Permitting misuse of license,we are all international students.So could you answer me about this situation,how serious is it,what's the probably punishment for us?From our tickets,it
all sighed crime,and the court we need go is community court.

Optional Information:
Country relating to Question: United States
State (if USA): Oregon

Already Tried:
The school will write a letter that mention judge we are good students.

Submitted: 347 days and 5 hours ago.

Category: Legal

Value: $43

Status: CLOSED

Accepted Answer

Expert: LADYLAWYER replied347 days and 5 hours ago.

LADYLAWYER : Hello, Thanks for choosing Justanswer.com! I look forward to helping you with legal information today. Actually, the statute they charged you under is § 807.590, Permitting misuse of license: (1) A person commits the offense of permitting misuse of a license if the person has been issued a license or driver permit and the person knowingly lends the license or driver permit to another or knowingly permits another person to use the license or driver permit.(2) The offense described in this section, permitting misuse of a license, is a Class A misdemeanor. [1983 c.338 §341]

LADYLAWYER : If you plead guilty to this charge in court, then the judge can sentence you to a fine of up to $6250 and one year in jail. You are not likely to see any jail time and instead may be fined, ordered to perform community service, and put on probation for 6 months. The major issue here is that any conviction has the potential to affect your immigration status over here. Thus, if you can afford to, you really should see a private criminal defense attorney that is also versed in immigration issues. They can usually get the charge pled down or even dropped so that your immigration status will not be affected.

LADYLAWYER : If you cannot afford a criminal defense attorney, then you can go to court and plead not guilty and then ask for a public defender to be assigned to you.

LADYLAWYER : Under no circumstances should you or your friend plead guilty at this time without talking to either a private attorney or asking e judge to appoint you a public defender.

LADYLAWYER : There are several statutes your friend could have been charged under for the underage drinking and using your license, so I need to know what they are before I tell you the penalty. But they are probably both misdemeanors and if there are two charges, then he is facing worse penalties than you. Again, it is really mportant that you both either hire private criminal law attorneys before your court date or plead not guilty at your court date and ask that a public defender be assigned to you.

LADYLAWYER : Thank you so much for allowing me to assist you today! If you have any further questions or need further clarification, please just let me know and I will be happy to continue helping you. The site has just changed its rating policy and some customers are finding it difficult and end up rating the people that are helping them poorly or just "okay" which is causing us not to get paid and to even lose our jobs on the site. So until this ratings issue is resolved, I just wanted to be clear that I will help you for as long as you should need it on any questions you have. Just please don't leave me a poor or "okay" rating. :)

Customer :

It looks very serious,I know some punishment about permitting misuse of a license.It's our first time,and he borrow my ID,I did not consider a lot at that time,do you think judge will reduce my punishment？

LADYLAWYER : No, it is not up to the judge to reduce your punishment. It is up to the state prosecutor, which is the attorney who is prosecuting your case. And unless you have an attorney who can work out a deal with the prosecutor, your penalty will not be reduced.

Customer :

I got it,and what is the most important thing of this case,I mean how to judge my punishment? Depend on the situation at that time?Because in fact I left my ID in his home before few days and he did not give me back

Customer :

so when we go Portland,I was buying some food,and before he going to the club he called me and said he will use ID try to go club and he already stand in line

Customer :

at begin I did consider a lot then when I finish eating I try to stop him like text him and call him ,but he did not text me back(He already been caught)

Customer :

then the officer found me and ask few questions ...

LADYLAWYER : I am not sure how the penal system works in your country, but over here, there are legal guidelines that the judge must follow when determining your punishment. They are set out by statute so they judge doesn't have much of a choice. The judge will not take into account the circumstances that you have described. To do that, your attorney must work out a deal with the prosecutor or you could go to trial to tell your side of the story in front of a jury. Then the jury will find you either guilty or not guilty.

Customer :

thank you very much，I hope I can find a good lawyer tmr.

LADYLAWYER : Also, anything you said or admitted to the officer can be used in court to persuade the jury or judge of your guilt. So again, you need to hire a criminal defense lawyer or plead not guilty at the upcoming hearing and ask for a free public defender to be appointed to you.

LADYLAWYER : Me too! And you're very welcome. You can use this site to look for criminal lawyers in your area: www.martindale.com.

Customer :

If I did not find a good lawyer ,may I allowed to apply related the date of judge like wait for second court day?

LADYLAWYER : Yes, but to do that, you have to plead not guilty at the first court date.

Customer :

and I should not sigh any paper without help of lawyer ,right?

LADYLAWYER : Correct! They may ask you to sign a plea deal. Do not do this because again, any conviction can affect your immigration status.

Customer :

Thank you ！

LADYLAWYER : Thank you! Also, please note that if you rate me as excellent service, you can come back to this question at ANY time to ask more follow up questions at no additional charge.

Customer :

Sure anyway thank you again ：D

LADYLAWYER : Just sign back onto the website, go to the "my questions" tab and then click on this question link. Then just leave me a reply and I will get back to you ASAP.

LADYLAWYER : Good luck, my friend!

Expert Type	Lawyer
Category:	Legal
Pos. Feedback:	98.8 %
Accepts:	3801
Answered:	7/7/2012

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