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Sale of Alcohol to a Minor

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S

Skalar

Guest
What is the name of your state? Florida

My Girlfriend was recently arrested where she worked at a drug store for sale of alcohol to a minor. While she wasn't handcuffed or thrown into the back of a police car, they did give her a notice to appear in court, in which she has to do in less than a week (on the 26th of Feb).

She was talking to her boss at the moment that an 18 year old state agent came up and purchased a can of beer. She asks his age , and he says "21". She then sells him the can of beer.

She then was informed that she sold alcohol to a minor. and that its a 2nd degree misdemeanor punishable by a maximum penalty at 60 days in jail and a $500 fine.

She's just 18, new to the world and I don't want to see it tarnished already with a criminal history (her family has a extensive criminal history)

The Notice to appear states that the officer believes she violated Florida Statute 562.11 and the description appears as follows:

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The Def. sold 1 can Budweiser to an underage state operative. She didn't ask for any ID at all. At the time of sale, another state agent in line directly behind even asked clerk if the operative was old enough.
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She has no idea what to do. Her Initial Idea is to plead "No Contest" and take the punishment.

I'm thinking that a "Not Guilty" plea would be more appropriate, and she should try to defend herself.

When I was at highschool, a source of income was working for State Alcohol & Tobacco agents. I would attempt to purchase alcohol tobacco products, and worked with a state agent.

We were told under no circumstances that, and 562.11(2) states that we could not misrepresent our age when we attempted to purchase alcohol and tobacco products.


She believes the state agent Misrepresented his age in order to purchase the can of beer. I think He goofed up.

Is there a way I can get the charge dismissed because the state agent broke the law and mislead her into believing he was old enough to purchase alcohol?
 


P

Pfaffing85690

Guest
I'm thinking that a "Not Guilty" plea would be more appropriate, and she should try to defend herself.
And what would her "Defense" be?

When I was at highschool, a source of income was working for State Alcohol & Tobacco agents. I would attempt to purchase alcohol tobacco products, and worked with a state agent.
So you should know that selling alcohol to a minor is illegal.

We were told under no circumstances that, and 562.11(2) states that we could not misrepresent our age when we attempted to purchase alcohol and tobacco products.
Then you were told wrong. It was incumbent upon the clerk to Ask for ID. Plain and simple.

She believes the state agent Misrepresented his age in order to purchase the can of beer.
Of course he did. But he has still not done anything that would cause this charge to be dismissed.

I think He goofed up.
Then you should go to law school. He didn't.

Is there a way I can get the charge dismissed because the state agent broke the law and mislead her into believing he was old enough to purchase alcohol?
And why would YOU want to get the charge dismissed. I thought this was for a girldfriend? You are either lying to us about who was involved or you are trying to play Perry Mason without a law degree.


Simply stated, you can't do anything unless you are an attorney and then not much. If you are a friend, then have a talk with the clerk and tell her she should hire an attorney. Then stay out of it.
 
S

Skalar

Guest
And what would her "Defense" be?
I explained it in the bottom of message.

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Is there a way I can get the charge dismissed because the state agent broke the law and mislead her into believing he was old enough to purchase alcohol?
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Then you were told wrong. It was incumbent upon the clerk to Ask for ID. Plain and simple.
I believe I was told correctly. Backing this up is the law.

Check Florida Statues. That's why I posted the Statute number. 522.11(2)
http://www.flsenate.gov/Statutes/index.cfm?mode=View Statutes&SubMenu=1&App_mode=Display_Statute&Search_String=&URL=CH0562/Sec11.HTM
Misrepresending your age is a 2nd degree Misdemeanor. I don't think state agents can misrepresent their age. We were taught we COULD NOT under ANY circumstances.

Where do you get your information from that I was told wrong?

Of course he did. But he has still not done anything that would cause this charge to be dismissed.
Violation of 522.11(2) is not sufficient grounds for dismissal?

the Florida law on Entrapment 777.201
states that its Entrapment if you're

'employing methods of persuasion or inducement which create a substantial risk that such crime will be committed by a person other than one who is ready to commit it.'

Could it be now argued that she would have checked his ID if he had not induced her to not to by stating he was over 21 years of age?

The idea might be on thin ice..

And why would YOU want to get the charge dismissed.
I thought this was for a girldfriend? You are either lying to us about who was involved or you are trying to play Perry Mason without a law degree.
Yes, I would like to get the charges dismissed because in my post I said
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She has no idea what to do. Her Initial Idea is to plead "No Contest" and take the punishment.
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she has no idea what to do. Of course I can't get up there and represent her, so she will have to just repeat after me.

And what in the world is wrong with Playing Perry Mason? Isn't that why we read and post on this board? We can't all be doctors and lawyers, but knowing how to defend ourselves is a good asset to have, reguardless of what profession we have. I don't see where purposeful ignorance on that part helps me nor my girlfriend in this case.

She'll be contacting a lawyer shortly about the whole incident and see what she can do. Although a free consultation will be all that she can afford.
 
P

Pfaffing85690

Guest
O.K. you're going to get a free legal lesson from me and probably from others on this site more qualified.

states that its Entrapment if you're

'employing methods of persuasion or inducement which create a substantial risk that such crime will be committed by a person other than one who is ready to commit it.'
There was no persuasion or inducement in your post.

There was simply a question, "How old are you?" and answer "I'm 21" and a failure of the clerk to verify that fact.

She's guilty and you had better get her a real attorney fast.
 

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