Alcohol & Drugs: MIP, MIC, Intoxication Husband charged with Supplying to a Minor. Prosecutor won't bargain. Need Advice!

[Robodou]

Hello. My husband is charged for Supplying Alcohol to a Minor during a sting operation at the convenience store he worked at. This is his second offense. He is not from this country and during his first offense he simply was not well educated on the laws of selling to a minor. He was working under the table and had only been in the country for about 6 months. Well...now he's been here for seven years. He was working one night back in 2004 and a person came in a bought beer. He was very busy with many customers, and someone had just spilled coffee all over the store floor. During all of this hub-bub he sold beer to a minor. Right after the kid picked up the beer off the counter, my husband realized that this kid was too young, ran out from behind the cash register and out the door, and demanded that the beer be given back to him. The kid gave him back the beer...and unfortunately, there was also a plain clothes cop standing there who said "too bad, too late".

Anyways, SO, now we acquired an attorney, and he asked to plea with the prosecutor. The prosecutor will not offer a plea bargain. My husbands case is on Thursday afternoon. We are wondering if he should plead guilty to this charge and face the sentencing (who knows what it coudl be?! As little as $200 or as much as $5,000 and jail time). OR, should he go to trial.

What is your advice? If he pleads guilty, will he have a chance to defend himself prior to sentencing? I really don't want to have this go to trial, I think it's a complete waste of money and time. But, of course, my husband doesn't want to admit guilt. Argh! What do we do?! What would you say our best bet would be?!

Thanks for any advice you offer. It is much appreciated.

 

[Michael Wechsler]

Hello. My husband is charged for Supplying Alcohol to a Minor during a sting operation at the convenience store he worked at. This is his second offense. He is not from this country and during his first offense he simply was not well educated on the laws of selling to a minor. He was working under the table and had only been in the country for about 6 months. Well...now he's been here for seven years. He was working one night back in 2004 and a person came in a bought beer. He was very busy with many customers, and someone had just spilled coffee all over the store floor. During all of this hub-bub he sold beer to a minor. Right after the kid picked up the beer off the counter, my husband realized that this kid was too young, ran out from behind the cash register and out the door, and demanded that the beer be given back to him. The kid gave him back the beer...and unfortunately, there was also a plain clothes cop standing there who said "too bad, too late".

Anyways, SO, now we acquired an attorney, and he asked to plea with the prosecutor. The prosecutor will not offer a plea bargain. My husbands case is on Thursday afternoon. We are wondering if he should plead guilty to this charge and face the sentencing (who knows what it coudl be?! As little as $200 or as much as $5,000 and jail time). OR, should he go to trial.

What is your advice? If he pleads guilty, will he have a chance to defend himself prior to sentencing? I really don't want to have this go to trial, I think it's a complete waste of money and time. But, of course, my husband doesn't want to admit guilt. Argh! What do we do?! What would you say our best bet would be?!

Thanks for any advice you offer. It is much appreciated.

I'm sorry about your situation. The story sounds a little strange and it would seem that there might be a number of defensive please, e.g. entrapment. Your husband needs to be completely honest with his lawyer regarding what actually happened and he would be in the best position to make the call as to what to do. Best of luck to you and your husband.