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  #1  
Old 04-23-2008, 10:16 PM
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Join Date: Apr 2008
Posts: 1

Serving Alcohol to minors


Colorado- I was working one night as a waiter (the job i curently hold) at our smallish towns mexican restaurant. It was moderatley buisy and a pair of guys who looked 25ish came in asking for a table of 4. The busser led them to a table and i prosseded to ask what they would like to drink. they orderd 2 bud lights. as it was buisy i forgot to id them and it turned out to be a sting operation. the cops came in and asked me if i had served the 2 guys alcohol i said yes. they proseded to inform me that they were minors and i asked their age the responce i got was "there about your age" (they dint look it, one had a full grown goatee). we sat down at a table and the police took down my info. at this point i saw the two underage guys leaving and asked again how old they were this was responded with the question "how old are you?" i said "18" and the cop said "there about 19 i think". i dint think much about it at first because i was very nervouse i have never had a problem with the law before so this was all very nerve wreaking. i was searved a summons to apear in court.

my question is basicaly what shoud i do? i spoke to an attorney friend and she said that at the summons the judge give you 3 options. the judge will sentence you, you go to trial, or you talk to the district attorney. i went and got the police report and it sais the case ended in arrest wich got me thinking i was never told my miranda rights and was never told the age of the 2 guys. not even in the police report does it say there age

any advice is much apreciated thanks!!!!

Last edited by dragppo; 04-23-2008 at 10:19 PM.
  #2  
Old 04-24-2008, 04:58 AM
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Join Date: Feb 2007
Posts: 8,280
Miranda rights only apply to questioning while you are in custody.

Your lawyer is more or less right (I assume he was right, but you're paraphrasing his answer).

You either plead guilty/no contest and you will be sentenced.
You go to trial.
You get your lawyer to try to work a deal for a different charge or something.

Sounds like you screwed up. Suffice it to say if you go to trial, you will find out that they were between 18-20 with no significant criminal records, has been trained in the sting procedure, and will be willing to testify against you in court. They almost certainly did nothing other than order the beer. If you had turned them down, they would have gone on elsewhere.

What defense do you have?
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