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xavierjd
xavierjd, Attorney
Category: Legal
Satisfied Customers: 3400
Experience:  20+ yrs in criminal, landlord/tenant, family, & small claims
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My son recieved o violation in West virginia of code 11-16-14a

Customer Question

My son recieved o violation in West virginia of code 11-16-14a . we are trying to find out what the code is and if pleading guilty would be the right thing to do. We live 6 hours from there
Submitted: 1 year ago.
Category: Legal
Expert:  xavierjd replied 1 year ago.
Thanks for using JustAnswer.com It will be my pleasure to assist you today.

How old is your son?

How is his driving record?

Has he ever been convicted of a crime?

Thanks
Customer: replied 1 year ago.


19yrs old college student


 


no violations ever


 


no crime convicted

Expert:  xavierjd replied 1 year ago.
Hi,

Are you sure that is the correct code number?

§11-16-14. Collection of unpaid license tax.

If any person whose report to the tax commissioner as provided for in section thirteen of this article shows him to be liable for any unpaid taxes, and who shall fail to pay the same as provided herein, the tax commissioner shall be authorized to institute collection remedies provided for in article ten of this chapter. In addition, the alcohol beverage control commissioner may revoke the license of any such person failing to pay any such tax.

 

Do you have ANY idea why he received a violation? I may be able to find it if I know the circumstances or more facts.

 

Thank you.

Customer: replied 1 year ago.
It looks like 11-16-14A underage possession of alcohol
Expert:  xavierjd replied 1 year ago.
Hi,

Thanks for the information.

I want to look up a few things. I will be back with an answer for you asap. It may take several minutes.

Thanks for your patience.
Customer: replied 1 year ago.

they also took a fake id off of him which i do not want coming back in court. no record of it but it may be in the policemen notes


 

Expert:  xavierjd replied 1 year ago.
Hi,

A minor younger than 21 in West Virginia may not buy, possess, consume, or sell alcohol, with few exceptions (see below). (W.Va. Ann. Code Section 11-16-19(a)(1).) Additionally, a minor may not buy, possess, consume, or sell any "non-intoxicating beer," which includes any brewed or fermented drink that contains between one half of one percent and twelve percent alcohol by volume. (W.Va. Code Section 11-16-3(5).) It is also illegal for a minor to knowingly provide false information about the minor's age (for example, by using a false ID or birth certificate) in order to obtain alcohol or non-intoxicating beer. (W.Va. Ann. Code Section 61-8-27a.)

A violation of West Virginia’s minor in possession laws is misdemeanor. Penalties vary by violation.

 

Underage purchase, possession, sale, or consumption. Violations carry a fine of up to $500, up to 72 hours in jail (or a juvenile detention facility), or both (as decided by the judge). The judge may also order up to one year of probation in lieu of jail time for first offenses. (W.Va. Ann. Code Section 11-16-19(3)(a).)

 

Misrepresenting age. Violators will face a fine of up to $100, up to 72 hours in jail, or both. The judge may also order up to a year of probation in lieu of jail time for first offenses. (W.Va. Ann. Code Section 11-16-19(3)(b).)

 

Because a minor in possession of alcohol is a "jailable" offense, your son MUST appear on the court date on the violation. If he doesn't appear, a warrant may be issued for his arrest for failure to appear.

 

If your son is in college, it is in his best interest to seek the assistance of an attorney. If he can't afford an attorney, he can ask the judge to appoint him a public defender. The judge may or may not grant that request.

 

Your son should contact an attorney who specializes in criminal law in the jurisdiction in which he received the violation. Sometimes, an initial consultation is free or at a minimal charge. He can discuss the specific facts of the case, evaluate his options and decide how to proceed. It is possible that an attorney may be able to get the prosecutor to enter into a plea bargain to dismiss or reduce the charge, or get an agreement to get a recommendation of no jail.

 

The reason that it is important for your son to be represented by an attorney is because if he pleads guilty to the violation and is convicted, it could affect any financial aid that he may be receiving, it could affect his chances to get into graduate school and it may show up on any criminal history background check that an employer may do.

 

Below please find a link to the West Virginia Bar Association Lawyer Information Service. It provides free consultations at specific times.


http://www.wvbar.org/public_information/lis.aspx

 

Also, below please find a link to the West Virginia Lawyer Referral Page.

 

http://www.wvbar.org/members/lrs.aspx

 

While the violation may not seem serious at first blush, a conviction may have long term consequences.

 

I hope you find this information useful.

 

My goal is to provide you with excellent service – if you feel you have gotten anything less, please reply back. I am happy to address follow-up questions. If you are satisfied with my answer, please rate it as "excellent" or in another positive manner. That is the only way that I can get credit for answering the question.

Thank you for your business!

XavierJD

***** I will also look up the fake ID statute and consequences. I will be back with you shortly with that information.

 

xavierjd, Attorney
Category: Legal
Satisfied Customers: 3400
Experience: 20+ yrs in criminal, landlord/tenant, family, & small claims
xavierjd and 4 other Legal Specialists are ready to help you
Expert:  xavierjd replied 1 year ago.
Hi,

It is entirely illegal to possess, make, sell or use any form of false identification in the state of West Virginia. Any form of conviction for these charges could end up on your son's permanent record, making it difficult to pursue further education or start a career. There are often fines associated with the offense and on occasion jail time must be served. The license of the individual being charged may be suspended up to six months, resulting in a loss of freedom.

Moreover, the university that your son attends may have it's own policies for underage drinking and fake ID. He needs to check the policies of the university and let his attorney know of those possible repercussions.

I hope you find this information useful.

And, thank you so much for the "excellent service" rating! It is greatly appreciated and I am glad that you found the information useful.

If you have future questions, you can specifically request me by name as the expert.

Thanks again,

xavierjd

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