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A minor is stopped for having a carlight out and when he opens

the glove compartment to get...
A minor is stopped for having a carlight out and when he opens the glove compartment to get his insurance and registration papers for the officer they see a empty bottle of vodka. They are also shown other bottles in a backpack in the trunk. The minor was transporting the alcohol for his older brother and had not been drinking. The officer clearly recognized that the minor and passenger are neither intoxicated or appear to have been drinking. He is given a court date. What is the best and worst we can hope for in Florida? He is a senior in high school who has never been in trouble before and has impeccable references from school leaders and church leaders.
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Answered in 3 minutes by:
6/1/2009
JB Umphrey
JB Umphrey, Lawyer
Category: Criminal Law
Satisfied Customers: 20,233
Experience: Handling criminal and probation matters for over 14 years.
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Whose automobile was he driving?

What tickets/charges were issued by the police?
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Customer reply replied 8 years ago
He was driving his car. He was charges with possession of alcohol by a minor.
Thank you.

The worst case scenario is that he pleads guilty or his found guilty on the nose, gets put on probation, has to pay fines/costs/do community service/attend classes, and gets an alcohol conviction on his record.

The best case scenario is that he hires a decent criminal defense attorney in the area who can work out some type of plea agreement. Two possibilities to explore come to mind (a) have the case handled under a diversion program where, upon successful completion of probation, the case is dismissed or made non-public, or (b) have the case plead to a non-alcohol offense (e.g., disturbing the peace/disorderly person)...again put on some type of diversion track.

The miracle scenario is that the defense attorney tries filing a motion to dismiss and argues that a minor transporting alcohol in the trunk (for someone else over 21) is not illegal.

Good luck and best wishes!

I hope that you find this information to be helpful and this answer to be ACCEPTable!
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Customer reply replied 8 years ago
Is there a possibility he will have his license suspended?
He shouldn't if he successfully completes the diversion program.

He definitely won't if an attorney wins on a motion to dismiss.
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Customer reply replied 8 years ago
If he is found guilty will this mean he has a criminal record?
Yes, unless it's handled under a diversion program. Or if he does not successfully complete the diversion program, then it will go on his record, too.
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Customer reply replied 8 years ago
what is a diversion program
A diversion program says that we're going to treat this case special, DIVERT IT from the usual steps (i.e., a guilty plea results in a public criminal conviction), give the person a second chance, let him/her show that they were worthy of mercy and if they do that, then the court makes the case NON-PUBLIC.

If they screw up on probation, the case is taken out of the diversion program, the case becomes public, and the conviction sticks.
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Customer reply replied 8 years ago
Is there a possibility he could end up in jail?
Very unlikely.
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Customer reply replied 8 years ago
Will it be of benefit to bring character references he had written for scholarships? Or would it be better to bring the people in person to stand up for him in court?
It's hard to say because I don't know what judge he'll have. Letters should be more than fine.
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Customer reply replied 8 years ago
We don't have a lawyer. Can we ask for a diversion program without one? Should he plead guilty since he was driving with alcohol in the car but it was in the trunk or what should he plead?
You can go without a lawyer but, when you go to court, ask to meet with the prosecutor to see if s/he will offer a diversion program plea agreement.
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Customer reply replied 8 years ago
Will we be able to ask to meet with the prosecutor before our case is heard? or are we supposed to ask when we have been called to the court room?
Let them know when you check-in at the court; they'll give you directions from there. Each court is different.
JB Umphrey
JB Umphrey, Lawyer
Category: Criminal Law
Satisfied Customers: 20,233
Experience: Handling criminal and probation matters for over 14 years.
Verified
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JB Umphrey
JB Umphrey
JB Umphrey, Lawyer
Category: Criminal Law
Satisfied Customers: 20,233
20,233 Satisfied Customers
Experience: Handling criminal and probation matters for over 14 years.

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