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My daughter got caught in atlantic city for underage

Customer Question
My daughter got caught...

My daughter got caught in atlantic city for underage gambling what do I need to do to make sure this does not go on her criminal record or her drivers license get suspended?

Lawyer's Assistant: In what state did this occur?

NJ and we live in NY

Lawyer's Assistant: Have you talked to a lawyer yet?

No I just found this out last evening

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

DO I need to appear at the court date ?

Submitted: 11 months ago.Category: Criminal Law
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Answered in 4 minutes by:
9/19/2017
Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 11 months ago
Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 31,856
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
Verified

Hi,

I'm Zoey.

I've reviewed your post. How old is your daughter? Does she have any previous contact with the criminal justice system.

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Customer reply replied 11 months ago
shes 19 and no shes in college majoring in criminal justice I cant have this on her record
Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 11 months ago

Thank you for the reply. Please give me a few minutes to type a response.

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Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 11 months ago

Here is the statute under which your daughter was charged.

As you can see this is a disorderly person's offense. A disorderly person's offense is considered by New Jersey to be something less than a crime, what other states would call a criminal infraction. Nevertheless, it is an offense defined in the state's penal code and a conviction would appear on her criminal record. Additionally her driving privileges would be suspended for 6 months.

The maximum possible penalty would be six months of jail and/or a fine of up to $1,000. A conviction for a disorderly person's offense can be expunged after a 3 year waiting period.

All of the above said, traditionally, states don't look to ruin the lives of an underaged person who gets caught in a casino. The possibility of your daughter being able to keep a conviction off of her record is a high one. But she will need a lawyer and the sooner she gets one involved, the sooner he can try to accomplish that.

It's possible that a lawyer can get this case dismissed. If the prosecutor isn't interested in going that far, there are diversion types of programs that would allow her to essentially work off her conviction by staying out of further trouble during a period of supervision, paying fines and doing some community service. After completing that successfully, the case against her would be dismissed. A lawyer could likely negotiate something like that on a first offense such as this one. Then the matter could be expunged without a 3 year waiting period.

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Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 11 months ago

You also asked whether you should be in court. She's old enough to be regarded as an adult by the criminal justice system. Your attendance is not required.

If you want to be in court with your daughter for moral support, however, you could be there on her court date. You would not be allowed to stand before the judge with your daughter or to speak to the court on her behalf. Only a lawyer could do that, but you could sit and observe the proceedings.

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Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 11 months ago

Just checking in to see if you need more help or any clarification of my answer. If so, please reply here on this question thread.

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