• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

purchasing alcohol for minor

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

K

kldeal

Guest
What is the name of your state? Vermont My son was charged with purchasing alcohol for a minor with death resulting. His lawyer did a horrible job and didn't investigate properly. My son ended up taking a plea agreement and before sentencing I told him we needed to fight it but the judge wouldn't allow him to change his plea even though we had new evidence. What can we do to change this so he has the opportunity to go to trial. His lawyer really pressured him to take the plea agreement because of financial reasons. I have no doubt in my mind with the evidence we have he could win this case. Any advice?
 


CdwJava

Senior Member
Has he been sentenced yet? If not, then you might consider a new lawyer to see what might be done.

However, unless new evidence has shown to demonstrate that he never bought the alcohol or that the minor never died, I don't know what this new evidence might show that would change the facts of the case.

And, of course, there is always the real possibility that going to trial will result in a LONGER sentence.

Under what statute (criminal code) was he convicted? That might tell us what the elements of the offense are that have to be met for conviction. if the elements are simple - such as providing alcohol to a minor, and the minor subsequently dies as a result of that alcohol consumption or an alcohol related incident, then you may be out of luck.

- Carl
 
K

kldeal

Guest
He actually bought a fifth of alcohol for his roommate who asked him to go to the store because he didn't have his car. His room mate was hanging out with a 17 year old girl, who was the other room mates sister. When my son arrived home no one was there and he put the bag on his bed. (the bag also contained junkfood he had purchased for himself) He then started to play a game on his computer. He had been playing this game for 30 hours straight and was very into it. At one point his two roommates came into his room and sat on his bed to check out what he was doing on the computer. At around 6:00 he fell asleep and the bag was still at the foot of the bed. Later on ,the roommate who asked him to purchase the alcohol ran in his room to tell him the 17 year old had been in an accident. My son then looked in the bag and the alcohol was missing. The girl died in a head on collision and killed a 15 year old boy and injured the boy's mother. My son talked to the police assuming she took the alcohol out of his room. (She was drinking at another residence a few houses away) The police arrested him saying there was no way he could not have seen her take it. We got a lawyer who never investigated very well. The key witness was never questioned. The evidence the police have is a pint of vodka that was found in her car. A fifth was never found. So actually we don't even really know if she drank it or the roommates took it and drank it. He did a plea bargain after much pressure from his lawyer, mostly about money and how much it would cost to go to trial ,but before sentencing I told him we had to fight it because he did not give anyone the alcohol. After he had already pled we found out the girls mother knew the alcohol was bought for the roommate and that a fifth was never found. There is a lot more evidence to show that she had already been drinking earlier in the day and if anyone gave her the alcohol it was the roommate. The judge refused to allow him to change his plea. The roommate had also e-mailed my son and appologized for lying to the police. So to make a long story short, I would like to see if there is any way to appeal this so he has a chance to go to trial.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top