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Ask Barrister Your Own Question
Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 33757
Experience:  15 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
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I received a under age drinking citation at a concert on

Customer Question

I received a under age drinking citation at a concert on 08/14/2015 around 7:30pm as I was looking at the citation after the cop left he wrote my court date as 08/14/2015 at 9am. So I'm not really sure on what to do? I've never had a ticket or citation for anything I am 19 years old and trying to figure out when or how I can handle the solution so they don't try and add something else on top of that.
Submitted: 1 year ago.
Category: Legal
Expert:  Barrister replied 1 year ago.

Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.

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This is simply a clerical error and you need to call the local court clerk Monday morning and give them the citation number to find out when your actual court date is so you don't miss it by mistake and have a warrant issued for failure to appear. Make sure you make a copy of the citation and put it in a safe place as well to have in the event that it becomes necessary to prove the cop's mistake.

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thanks

Barrister

Customer: replied 1 year ago.
Iv been told that the local court will dismiss it because of the error? Is that true?
Expert:  Barrister replied 1 year ago.

No, that is an urban legend and only happens on TV. In 15 years of practicing criminal law, I have never seen a judge dismiss a citation over a clerical error like an incorrect date. Cops make clerical mistakes all the time and when this is brought to the judge or DA's attention, they just make a motion to amend the citation to correct it and the judge allows it. The police officer is always able to be called as a witness in the case to testify as to what happened and what he saw.

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thanks

Barrister

Customer: replied 1 year ago.
Whats going to happen at court? Iv never had any type of citation or anything! Iv never been in any type of trouble with the authority, and I would really like this off my record as I am trying to get a job with the Charlotte Fire department, is there any advice you can give to me on what I should say or expect?
Expert:  Barrister replied 1 year ago.
If you have a clean record otherwise, then you might be able to keep this off your record if you ask the judge or DA about any "diversion program" that they might offer.
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A diversion program allows someone to be put on probation, do some community service, pay their court costs and then if they successfully complete probation, the charge is dismissed and never appears as a conviction on their record.
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So your first appearance will be your arraignment where they will go over the charge and ask you how you want to plead. It is at that time that you could ask the judge if you might be eligible for any diversion program.
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If you are, then the judge can defer the case and refer you to the diversion program where you could potentially keep it off your permanent record.
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thanks
Barrister

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