Legal Question in Criminal Law in Massachusetts

minor in possession of alcohol in MA more info

i got a person under 21 posses liquor C 138 S 34C summons which i'm pretty sure is just a minor in possession of alcohol. I was helping my friend who had a broken shoulder go get it and carry it back. I am under 21 and was carrying the beer when the undercovers stopped us, The thing is that I am guilty, the beer was for both of us. He was going to buy it for me and some friends but could not carry it all and I was forced to go with him. He is also getting a summon of buying for a minor. I was just wondering how good are my chances of getting a CWOF with a clean record, having already completed an alcohol course at my school, and being in Isenburg School of Management at UMass? Because I have very little money to my name and cannot afford an attorney and I really do not want a criminal record as I plan to go into the financial sector and it would hurt me tremendously.

Any advice on what to say to the judge or anything else you can tell me about my case would be greatly appreciated.

Thank you very much, sorry for not being clear the first time.


Asked on 4/07/09, 12:53 pm

1 Answer from Attorneys

George Davis Law Office of T. George Davis, Jr.

Re: minor in possession of alcohol in MA more info

It's difficult to predict how your case would turn out. There are a number of factors that would come into play, including the underlying facts about the incident, your prior criminal record (or lack of one, as it turns out), the flexibility of the district attorney in plea negotiations, the track record or "temperament" of the particular court you happen to be in, and other things. All of that said, given everything that you have at risk and your career goals, I would strongly encourage you to seek legal representation, to try to get the best possible result. For example, while a CWOF disposition may be an option available to you under this set of circumstances, one would hope that there may be a better option (e.g., (a) "pretrial probation," which would be substantially better than a CWOF because it would not require your to admit under oath in open court to any inculpatory facts, or (b) dismissal of the charges altogether, if for example some of the evidence against you is not admissible in court due to police error). While I do not know the particulars of your situation and cannot say that there truly is a better option available in this instance than a CWOF, it would be difficult for anyone to say what your options truly are without the benefit of a skilled criminal defense attorney to review the specifics of your case. In any event, if you are truly concerned about not getting a mark on your criminal record, I'd advise you to remember the advice of "penny wise, pound foolish," and try to find a way to get legal representation. Yes, there are gambles involved in just about everything, and there may be reasons why a lawyer may not be able to get you a better result this time, but if you are able to get a better result because you have a good lawyer working your case, you'll be much happier about the whole situation for many years to come. Good luck.

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Answered on 4/07/09, 7:25 pm


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