Criminal Law

Criminal Law Questions? Ask a Criminal Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Criminal Law
This answer was rated:

My son recieved o violation in West of code 11-16-14a. we

My son recieved o violation...
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
Show More
Show Less
Ask Your Own Criminal Law Question
Answered in 1 minute by:
3/23/2013
xavierjd
xavierjd, Lawyer
Category: Criminal Law
Satisfied Customers: 3,400
Experience: Over 20 yrs experience in prosecution and defense work
Verified
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
Ask Your Own Criminal Law Question
Customer reply replied 4 years ago

19yrs old college student

no violations ever

no crime convicted

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.

Ask Your Own Criminal Law Question
Customer reply replied 4 years ago
It looks like 11-16-14A underage possession of alcohol
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.
Ask Your Own Criminal Law Question
Customer reply replied 4 years 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

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
xavierjd, Lawyer
Category: Criminal Law
Satisfied Customers: 3,400
Experience: Over 20 yrs experience in prosecution and defense work
Verified
xavierjd and 87 other Criminal Law Specialists are ready to help you
Ask your own question now
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
Ask Your Own Criminal Law Question
Ask xavierjd Your Own Question
xavierjd
xavierjd
xavierjd, Lawyer
Category: Criminal Law
Satisfied Customers: 3,400
3,400 Satisfied Customers
Experience: Over 20 yrs experience in prosecution and defense work

xavierjd is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends.

NormaPensacola, FL

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

3,175 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

P. Simmons

P. Simmons

Lawyer

2,014 satisfied customers

16 yrs. of experience including criminal law.

LawTalk

LawTalk

Lawyer

1,815 satisfied customers

30 years legal experience

RobertJDFL

RobertJDFL

Lawyer

1,812 satisfied customers

Experienced in multiple areas of the law.

Nate

Nate

Lawyer

1,736 satisfied customers

Over 10 years of criminal defense practice.

Marsha411JD

Marsha411JD

Lawyer

1,623 satisfied customers

Licensed attorney with 29 yrs. exp. in criminal law

AttorneyTom

AttorneyTom

Lawyer

1,242 satisfied customers

Attorney

< Previous | Next >

Related Criminal Law Questions
I was charged with possession of marijuana misdemeanor
Okay I was charged with possession of marijuana misdemeanor possession of paraphernalia misdemeanor two counts of child endangerment misdemeanor what is worse … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
27,473 satisfied customers
I live in WV. I just came from juvenile court for truancy
I live in WV. I just came from juvenile court for truancy against my 17 year old son. The attendance officer had multiple doctor excuses in hand, and stated some were real and some were fake. The judg… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
My grandson is in a court ordered juvenile rehab facility
my grandson is in a court ordered juvenile rehab facility and he has a medical problem that needs treatment and therapy and he has an appointment on the 11th of this month but as the fcats are this we… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
27,473 satisfied customers
If my daughter is a juvenile and she is being charged with
if my daughter is a juvenile and she is being charged with criminal mischief, can her identity be withheld from public records, she was with three older girls, two of these girls cut a hole in some pe… read more
Zoey, JD
Zoey, JD
Doctoral Degree
175 satisfied customers
My 14 year old son has a juvenile court date on 6/22 to
my 14 year old son has a juvenile court date on 6/22 to answer questions before a judge about playing around at school with a pair of scissors and cutting his friend when his friend tried to take the … read more
Zoey, JD
Zoey, JD
Doctoral Degree
175 satisfied customers
I am in court for criminal mistief in the state of indiana
i am in court for criminal mistief in the state of indiana marion county. I am illeged to break a windo . I am being charged with a felony because the total cost is said to be over 2500 dollars. I wan… read more
MShore Law
MShore Law
Doctoral Degree
1,233 satisfied customers
Can I be cited for criminal Trespass from the tennis courts
Can I be cited for criminal Trespass from the tennis courts on a school grounds entirely at the discretion of the school officials… read more
MShore Law
MShore Law
Doctoral Degree
1,233 satisfied customers
I have a question about procedure in criminal court in
I have a question about procedure in criminal court in Texas; specifically if there is any way to request a pretrial hearing prior to indicment of a felony … read more
Ray
Ray
Lawyer
Doctoral Degree
30,227 satisfied customers
Is it not uncommon for criminal court judges or their
Is it not uncommon for criminal court judges or their court's administration (e.g. bailiffs) to manipulate the only clock on the wall in the courtroom (e.g. set it purposely ahead of or behind the act… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I have a juvenile record that shows up on my FBI background
I have a juvenile record that shows up on my FBI background check. I have been denied to try and purchase a handgun but I am an Active Duty Army Soldier, I am confused how this can happen? … read more
Michael Bradley
Michael Bradley
JD
1,131 satisfied customers
I had a criminal court hearing and was sentenced, but was
I had a criminal court hearing and was sentenced, but was never sworn in can this be thrown out… read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
1,326 satisfied customers
I have a court da on October 30 for a misdemeanor without a
I have a court da on October 30 for a misdemeanor without a bail and they didn't took my passport, can I leave the country? … read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
1,326 satisfied customers
My son has to appear in court on a misdemeanor. doesn't have
hi, my son has to appear in court on a misdemeanor. doesn't have any record and I guess did not move when the police asked him to. we bailed him and he has to appear in court 9/26. Should he have a la… read more
Zoey, JD
Zoey, JD
Doctoral Degree
175 satisfied customers
Can a county attorney file charges on a juvenile that caused
Can a county attorney file charges on a juvenile that caused minor damage to personal property when the owners of the personal property are not filing charges? Especially when the minor admitted it to… read more
Alex Esquire
Alex Esquire
Managing Attorney
Doctoral Degree
153 satisfied customers
During my Bench Trial in Federal Court on a misdemeanor
During my Bench Trial in Federal Court on a misdemeanor charge of Simple Assault, I testified in my own defense. I would have made a more aggressive defense, but I thought certain points were best lef… read more
Zoey, JD
Zoey, JD
Doctoral Degree
175 satisfied customers
If a juvenile and an adult get into a physical altercation
If a juvenile and an adult get into a physical altercation and the juvenile causes bodily harm but the adult does not why do they charge the juvenile with battery and the adult with nothing? Aren't th… read more
Zoey, JD
Zoey, JD
Doctoral Degree
175 satisfied customers
In Texas, in a Class Misdemeanor criminal case where the
In Texas , in a Class B Misdemeanor criminal case where the defendant is representing themselves.Is it correct that the defendant can request from the DA any offense reports, any designated documents,… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
Originally a Phoenix Municipal Criminal misdemeanor, I was
Originally a Phoenix Municipal Criminal misdemeanor, I was convicted at trial. Sent case to Superior Court of Arizona. Appeal was affirmed. Now I would like to raise an Ineffective Assistance of Couns… read more
Zoey, JD
Zoey, JD
Doctoral Degree
175 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x