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jeeeewan
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Posted on 01-06-08 3:00
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hey can anybody please suggest what to do one of my fren got caught by TABC at townson gas station selling beer to minor as he looked old so he sold without looking his id but they didnot arrest him can any body say what to do next...is it a crime does it affect on student visa....hope you guys will help it out...
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jeeeewan
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Posted on 01-09-08 5:35
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hey basnetpr
thanks for your suggestion but here it is the the court date hasnot been given yet coz bond hasnot set up yet...and next thing selling beer to minor at tx is misdeameanor A which results punishment for fine 4000 dollar and upto one yr jail so if we plead guilty isnt there any chance to get jail and next thing do you knw if he plead guilty and got only to pay fine doesnot his background check shows up misdemeanor which even hamper to get rent apartment and reapply for renew visa after it expires.... so we thought to dimiss case but as you said if its going to come background check then immigration thing might come and its way big problem so wht do you think?
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basnetpr
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Posted on 01-10-08 12:38
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Hello Jeevan! Dont get scared and do something stupid. This is a very normal case. Of course it is a misdemeanor and it is an offenc, but it is not a criminal offence or a felony. Also it is not in your hand to dismiss the case on your own by any means. First thing this is a first offence and the charges are a fine of $400 to one year in jail. The one year jail is for the worst case scenario and it is given for multiple offence not in the first offence. I assume your friend sold alcohol to the minor for the first time. If this was his 2nd or 3rd or 4th offence, he will be charged a fine accordingly and in the worst case for the fifth or sixth offence, your friend will go to jail. But this is the first time. Another thing either texas or new york, or delaware the rules are the same. Whatever couty or state it is, federal law is supreme and court is always above these law. So the court will make you pay a with some "community service" But this is the first offence and if it was undercover police that caught your friend then the charges will even be smaller. So the best option for your friend is to "plead guilty" and pay the fine. Also this is a misdemeanor, there would be no background check, and nothing will be reported to the immigration. The immigration will not receive any information until and unless it is a felony/crime. In such cases the immigration will get the information and they will put a hold on your visa. drivers licence. But in your friend's case there will be no background check. Also the information check done for the apartment is different. They wont care about your immigration status (only if you are legal or not). So dont worry, "Plead guilty". When you plead gulity the judge will have to let you know what will be the charges, "So lets say he says 400 fine and 1 year jail " (He wont say this, but if he says so, tell him that you want to go on trail and want to hire an attorney; but trust me he wont say that). He will just tell you to pay the fine. Case closed. Let me know if you have any other questions.
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basnetpr
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Posted on 01-10-08 12:39
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Hello Jeevan! Dont get scared and do something stupid. This is a very normal case. Of course it is a misdemeanor and it is an offense, but it is not a criminal offense or a felony. Also it is not in your hand to dismiss the case on your own by any means. First thing this is a first offense and the charges are a fine of $400 to one year in jail. The one year jail is for the worst case scenario and it is given for multiple offence not in the first offense. I assume your friend sold alcohol to the minor for the first time. If this was his 2nd or 3rd or 4th offense, he will be charged a fine accordingly and in the worst case for the fifth or sixth offense, your friend will go to jail. But this is the first time. Another thing either texas or new york, or delaware the rules are the same. Whatever couty or state it is, federal law is supreme and court is always above these law. So the court will make you pay a with some "community service" But this is the first offence and if it was undercover police that caught your friend then the charges will even be smaller. So the best option for your friend is to "plead guilty" and pay the fine. Also this is a misdemeanor, there would be no background check, and nothing will be reported to the immigration. The immigration will not receive any information until and unless it is a felony/crime. In such cases the immigration will get the information and they will put a hold on your visa. drivers licence. But in your friend's case there will be no background check. Also the information check done for the apartment is different. They wont care about your immigration status (only if you are legal or not). So dont worry, "Plead guilty". When you plead gulity the judge will have to let you know what will be the charges, "So lets say he says 400 fine and 1 year jail " (He wont say this, but if he says so, tell him that you want to go on trail and want to hire an attorney; but trust me he wont say that). He will just tell you to pay the fine. Case closed. Let me know if you have any other questions.
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sun_shine
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Posted on 01-10-08 1:22
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Lemme share my part of whatever knowledge I gained on this topic after a fren encountered a similar situation. It happened in TX. He was told the similar thing - to call the bail bond office and pay the bond, but the only answer he got from the bond office was 'your ticket has not yet been issued'. While he was waiting for the ticket to be issued, the cops came looking for him at his work and at his residence too. So he finally had to surrender himself, remain behind the bars for 5+ hours, pay the bond and was released later on. So, from what I understood, you are not supposed to wait for the ticket to be issued, coz once its issued it is the arrest warrant (could be wrong). So, your fren might wanna go pay the bond before cops come looking for him. Coz, if for some reason they ask the immigration to get involved in this, the situation can go ugly. If not, he will just need to spend couple thousand dollars to settle the case in the court.
In my fren's case, it was the second ticket for that particular store. I heard if the store gets 3 ticket for such demeanor, it will result in the revocation of their license!
Good Luck
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jeeeewan
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Posted on 01-10-08 4:29
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hey basnetpr
thanks again but the thing is fine is not 400 hundred is 4 thousand dollar and ya finally the bond is issued and we paid it but we do need to go to give finger print and to put photo so lets see we might talk to attorney and try to dismiss if not we will plea guilty but wont go for trial as you said immigration thing might come
thanks all guys for ur help..
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