Possession of Alcohol by persons under 21... Need Advice

[Major88]

What is the name of your state (only U.S. law)? Tampa, FL

This past weekend I received possession of alcohol by a person under 21. I have previously received a similar charge in New Hampshire but filed for 'an annulment' two months ago after completing an alcohol education course. I am not sure if it has been wiped from my record yet though.

Anyways, I was at a concert and 5 cops pulled my friend and I aside to ask for ID. As soon as I saw the cops I placed the beer that I was holding on the ground. I showed them my real license and student id, they then took my wallet away and thoroughly looked through it. They found a fake id and all they did was confiscate it so I was not charged for that. They also took a sample of the bud light that I had placed on the ground. I was very polite with the cops, I was not drunk in anyway, they did not breathalyze or field test me. My friend was 21 so they let him go. I am turning 21 in 30 days. I was issued a notice to appear 10 days before my 21st.

I cannot afford another lawyer. I need to know what I am looking at in terms of charges or consequences. Also, is there any possibility I can get the charge off my record for a second time? can they bring up the fact that I had a fake id?
PLEASE HELP it's driving me crazy

 

[FlyingRon]

How old you are on your court date is IMMATERIAL. You weren't 21 when you were drinking, that's all that matters. They don't need to breathalize you, you were holding beer. It's a second degree misdemeanor, 60 days and/or $500 fine.

The fake ID charge is more serious. That's a felony. A felony is a stigma that is going to haunt you for a very long time. You're also going to lose your license. That can be 5 years and $5000.

This is going to cost you big time, and you are going to need a lawyer. If you are indigent rather than just unwilling to pay you will qualify for a public defender.

Just how was it that the cops were accessing your wallet anyhow?

 

[Major88]

When i pulled out my real license for them, they took the license to look at, and then took my wallet out of my hand and searched it. Which is when the found the fake in a hidden pocket. They confiscated it.

I doesn't say anything on the criminal report about the id. does this mean they can still bring it up in court and charge me with it? the cop said he was giving me a break by only giving me the possession charge. under the evidence section of the report/affidavit it only states a vial of bud light.

I did a diversion program in New Hampshire to get the charge dropped. Will the Florida court be able to see that on my record? if so, will they let me do it again? I'm most worried about losing my license, can they do that for the possession of alcohol charge??

 

[seniorjudge]

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does this mean they can still bring it up in court and charge me with it?
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Yes
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