My Girlfriend was recently arrested where she worked at a Florida 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 had to do so almost a month later.
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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At the court appearance, she pleaded "Not Guilty" and then then she elected to have a non-jury trial. Was this a smart move?
The judge then presented an order that the state was widtholding adjudication on this matter
it read as follows:
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ORDER ADVISING DEFENDANT THAT (ADJUDICATION OF GUILT WILL NOT BE IMPOSED) AND/OR (IMPRISONMENT WILL NOT BE IMPOSED) AND SETTING OF NON-JURY TRIAL.
This cause having come to be heard, pursuant to Rule of Criminal Procedure 3.111(b)(1) and Florida Statute 918.0157 and both the Defendant and The State Attorney, represented by an Assistant State Attorney, being present, and the State Attorney representing to this Court that the State is not seeking an adjudication nor a term of imprisonment, and the Court being advised of what the pending charges are and finding that the violation charged in this cause is punishable by a term of imprisonment of six (6) months or less and the Court being fully advised in the premises and having reviewed the file in this cause, does find and order as follows:
1. NOW, therefore it is ordered and decreed that in the event the Defendant is convicted of the crmine as charged or of any lesser included offense, a sentence of imprisonment will not be imposed and the defendant (will/will not) be adjudicated guilty.
2. NOW, therefore it is further ordered and decreed that the Defendant is not to have legal counsel appointed at the State's expense in thise cause.
3. NOW, therefore it is further ordered and decreed that the Defendant is not entitled to a jury trial and this matter shall be heard non-jury.
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Does this mean that she won't face any jailtime? Or does this mean they're ready to just drop the matter altogether?
She was really counting on the public defender in this case. Now that she can't get public defender has her really worried, as well as myself.
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 Florida Statute 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?
She was talking to her manager at the time, and I Believe the manager heard him say he was "21".
Thanks for any help in this matter.
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:
---
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.
---
At the court appearance, she pleaded "Not Guilty" and then then she elected to have a non-jury trial. Was this a smart move?
The judge then presented an order that the state was widtholding adjudication on this matter
it read as follows:
---
ORDER ADVISING DEFENDANT THAT (ADJUDICATION OF GUILT WILL NOT BE IMPOSED) AND/OR (IMPRISONMENT WILL NOT BE IMPOSED) AND SETTING OF NON-JURY TRIAL.
This cause having come to be heard, pursuant to Rule of Criminal Procedure 3.111(b)(1) and Florida Statute 918.0157 and both the Defendant and The State Attorney, represented by an Assistant State Attorney, being present, and the State Attorney representing to this Court that the State is not seeking an adjudication nor a term of imprisonment, and the Court being advised of what the pending charges are and finding that the violation charged in this cause is punishable by a term of imprisonment of six (6) months or less and the Court being fully advised in the premises and having reviewed the file in this cause, does find and order as follows:
1. NOW, therefore it is ordered and decreed that in the event the Defendant is convicted of the crmine as charged or of any lesser included offense, a sentence of imprisonment will not be imposed and the defendant (will/will not) be adjudicated guilty.
2. NOW, therefore it is further ordered and decreed that the Defendant is not to have legal counsel appointed at the State's expense in thise cause.
3. NOW, therefore it is further ordered and decreed that the Defendant is not entitled to a jury trial and this matter shall be heard non-jury.
---
Does this mean that she won't face any jailtime? Or does this mean they're ready to just drop the matter altogether?
She was really counting on the public defender in this case. Now that she can't get public defender has her really worried, as well as myself.
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 Florida Statute 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?
She was talking to her manager at the time, and I Believe the manager heard him say he was "21".
Thanks for any help in this matter.
