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James Wendt
James Wendt, Attorney
Category: Legal
Satisfied Customers: 54
Experience:  Experienced in civil and criminal cases. Admitted to practice in US Supreme Court, and 9th Circuit.
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I got my second minor consuming in May 09. Sentencing was

Customer Question

I got my second minor consuming in May '09. Sentencing was postponed until the end of August so I could keep my drivers license for work (no limited license for a MC) (but the plea of no contest is fixed) In June '09 I got a third minor and go to court in July '09. How do you think they will deal with this? For the second minor I get 48 hours community service, drug/alcohol counseling and revoke my drivers license for 3 month....my understanding for the 3rd is 98 hours community service, lose my license for 6 months and MAY??? go to jail???? It is very bad...one right after the other....I have started the drug/alcohol class already....
Submitted: 8 years ago.
Category: Legal
Expert:  xavierjd replied 8 years ago.

Thanks for using JustAnswer.com

 

In order to better assist you, please provide the following:

 

What state are you in?

 

Customer: replied 8 years ago.
Alaska
Expert:  xavierjd replied 8 years ago.

Below please find the law for underage consumption of alcohol in Alaska. As you will read, each time you are convicted for underage consumption, the penalties increase.

 

http://www.touchngo.com/lglcntr/akstats/statutes/title04/chapter16/section050.htm

 

If your probation is violated, you have a chance of going to jail for failing to comply with the court's orders. Obviously, each time you are convicted and violate probation, the chances of going to jail increase.

 

It is recommended that you seek the assistance of an attorney. An attorney may be able to assit you if you are violated. If you can't afford an attorney, you can ask for a public defender. You and/or your attorney may be able to work with your probation officer to come up with a reasonable recommendation to the judge if you plead or are found guilty of a violation.

 

I hope you find this information useful and that you press the GREEN ACCEPT button so that I can receive credit for answering the question. Thank You.

 

Good Luck!

Expert:  James Wendt replied 8 years ago.

You're in luck. You are not eligible to be sentenced as a 3rd time offender until you have been convicted as a 2nd time offender. You are not "convicted" until you have been sentenced. Therefore, you are facing sentences as a 2nd offender two times. You should try to combine both cases and have sentencing in August for both. You will not be facing jail time (If jail time is a possibility you would get a public defender). No jail for minor consuming anymore (at least for the first 2 times)

 

By the way, you're lucky Judge Gucker isn't still around. He was very tough on these in Ketchikan back when I was done there in the early 90's. You should be able to get concurrent sentences as a 2nd time offender. Ask for it. Tell the judge about the alcohol class. And Good Luck!

James Wendt, Attorney
Category: Legal
Satisfied Customers: 54
Experience: Experienced in civil and criminal cases. Admitted to practice in US Supreme Court, and 9th Circuit.
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