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Need advice in Delaware law for underage possession of alcohol!! Please?
Posted by | Posted in Delaware Court Records | Posted on 01-07-2011
Question by OchoCinco: Need advice in Delaware law for underage possession of alcohol!! Please?
I was recently stopped by a Newark police department cop who saw me walking with an open bottle of beer in my hand. I was written a citation for underage possession of alcohol and given a court summons date. I was told the fine would be for about $ 200 and I would have a criminal record. I have no problem paying the fine but do not want to have a criminal record as it could hurt with job possibilities in the future. Should I attempt to fight this case? Will pleading not guilty get me off the hook if the cop is a no show on my summons date? What are Delaware consequences for first time offenders charged with underage possession of alcohol? Is there anyway I can get this criminal record removed or expunged? And if not, will it ever disappear? please not that i am also 18
Best answer:
Answer by OldJimmy
Pleading not guilty, cop present or not, will only cause them to set a date for trial. Only do that if you were not carrying the bottle and have evidence of that, or evidence of some misdeed by the cop.
Talk to the prosecutor in your case before your hearing. Ask them if they have some sort of deferred adjudication or diversion program you could agree to, to avoid a record. You would pay fines and court costs, but if you complete the process with no other violations (of any kind) the charges get dismissed as if they never happened.
They don’t have any interest in tagging people with records, and if you’re willing to pay the costs and go through the program they can get this one off their calendar quickly so they have time to prosecute the idiots who plead not guilty.
Know better? Leave your own answer in the comments!
