Question by colebolegooglygooglyhammerhead: My 17 year old daughter was busted for “selling alcohol to minors”?
She worked as a part-time cashier for Foodlion as an after-school job. She was preoccupied checking out customers one afternoon (it was very busy and she had a long line) and some kid brought up a can of what seemed to be one of those energy drinks and she rang it through without thinking about it. It turned out that the “customer” behind the young man was an undercover agent and what the young man had purchased was an alcoholic drink. (I’m Mormon, I don’t drink alcohol, and I don’t even know what it was or how to identify it. My daughter didn’t know what it was, either.) She got fired from her job, of course, and came home in tears. I was so sad for her, because she loved her job and loved to work.
My daughter is pretty much a responsible girl, although a little naive. She has never been in trouble before. She gets pretty decent grades in school and was planning on going into the army–in fact, she had an appointment with the recruiter this Thursday.
Well, anyway, we had to go to court. This was an utter goat-rope of gigantic proportions. I was trained as a paralegal and yet I never imagined that court would be like this! There was about 300 people of all ages crammed into the courtroom and they had to form a line around the room to make their way up front and plead their case. When it was her turn, we got to this guy who pulled her file and said that she could plead guilty and pay a fine, or go to a juvenile rehab program for which I was to pay 0. Those were our only options. I asked about the option of pleading not-guilty and he just kind of fumbled around and stuttered for a while, and said we could come back to court on another day. He didn’t say when.
Well, sorry, I was a single parent, I spent 2 1/2 months out of work this summer because I was laid-off from my job and had hell trying to find another, and I didn’t have 0 to give to juvenile rehab programs, especially when my daughter doesn’t need rehab. She needs to concentrate on finishing her last year of highschool and go on to her career.
I spent the last couple of months trying to find work and now that I have a job, I can’t afford to take days off to fool around. My time being unemployed caused me to be late on my bills–now I have bill collectors ringing me up all day. I came awful close to being homeless this summer–my church paid my rent for me.
Well, this was back in August. It’s December now and I just got home from work and met my crying daughter at the door. It seems that the sherriff came by to let her know that she would be going to jail tomorrow. What the freak?!! She’s just a little 17-year-old kid and all. Where’s the justice in this?! I now have to take a precious day off work to figure out what I am going to do.
The undercover cop is sitting back all smug and snotty saying he was just doing his job. I can’t stand this.
What can I do?
It was a sting operation, the “customer” and the undercover cop were acting together
Best answer:
Answer by just me
ok maybe try to explain to (i wouldnt know who the correct person would b in this case…lawyer? police? legal adviser?) and explain that u r mormons and u do not allow alcohol and u cannot really identify it. plus, if your daughter is 17, she is considered i minor STILL, thereofre, she cannot really be blamed for “”selling”" alcohol to minors… omg that is so rediculous, was the cop crazy???!
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I would talk to a lawyer immediately! I know you’re short on cash but there’s tons of places to get free legal aid. Try http://www.lawhelp.org/
Good luck!
Can your church help you out w/ any lawyer help or consutlants? this is wierd.
That’s precisely why they have these “sting” operations.
Ignorance of the law is no excuse. If she worked in the store, it was her job to know about these things, and it was her fault.
That’s the justice; she sold liquor to a minor.
That’s illegal.
I feel sorry for you and your daughter. I do believe this is too extreme for a 17-year old. However, I don’t really see the point of this question…What can Yahoo users do?
On the other hand, your daughter should not have done such a careless act. Even though it was unintentional, selling liquor to minors can cause serious damage.
If your daughter is only 17, how was she, “selling alcohol,” in the first place? If she was working there legally, she should have been educated regarding the difference between alcohol and energy drinks, ignorance of the law is not a defense. I’m sure you know that. The owner of the establishment should be held accountable as well, for hiring a minor to work the counter in a store that sells alcohol.
And..if this was a, “sting operation,” the police must have had information that led them to believe alcohol was being sold out of the store to minors on a fairly regular basis. They don’t usually stake out a particular place of business without some short of provocation.
Lastly…you made a mistake by leaving the court without a written continuance for a future court date. That is the only reason your daughter is facing arrest and, “going to jail,” on the matter…she technically, failed to appear. Once she is taken to jail and booked, you will have to see a bondsman and bail her out until her next court date. Prior to that date, she can talk to a public defender and explain her side of the story.
You’re a paralegal and did not have enough sense to hire an attorney to handle this? No matter what the attorney cost, it would have been much cheaper — in financial, emotional, and other terms.
Now you have to get an attorney immediately. Things are much more complicated now and it is going to be much more expensive. But you have no choice. It was a sting, they have proof, and you did not get an attorney to fight this timely and properly.
Ack, my first answer was not appropriate and I apologize, I didn’t realize she was going to JAIL over this. I retract my statement about the attorney though I’m sure you already have one. Are you kidding me that she is going to jail over this? I have to read this again, this sounds really messed up.
She is a minor herself. I don’t think she can go to jail for something so petty. I say keep fighting it. However I understand that you have other problems. I think they are counting on you backing down at some point. This is one of those moments in life when you decide the type of person you are. I can’t make the choice for you, but if you have the will for it then fight. Fight with everything you have. They don’t need to destroy a young woman’s life over something so petty.
Talk to the media, talk to lawyers. The media may run a story and get you sympathy from others. A lawyer may take the case probono.
She should be able to get off on a technicality. She is a minor and the store should not have had her selling alcohol in the first place.
My source is to a site that list probono lawyers.
In most states owner is responsible for the sales of tobacco, alcohol.
suggest an attorney, or public defender.
Can you meet with the solicitor and see if something can be worked out? It seems it would be worth a phone call anyway to see if you can set up an appointment to meet with him or her.
First off, the grocery store had to have trained your daughter about what is alcohol and what is not. When I worked for a grocery store I had to watch a 30 minute video which displayed visual images of all what constituted alcohol and take a quiz on it. A lot of alcoholic drinks resemble non alcoholic drinks, but that is exactly why employees are trained.
Second, most grocery store cash registers make you go through a whole ordeal of putting in the customers birth date before it will let you continue the sale of alcohol. The only way to bypass this without checking ID is to put in a fake birthday (whenever I knew a customer was old enough, I would just put in my birthday plus a few years). The maching itself recognizes that it is alcohol without any work on your part. Your daughter may have done this, and if so, she is definitely responsible for the mistake. If the machine usually does this, and didn’t (maybe it was a new product or new in the system or something) she might be able to get off the hook… who knows.
Third, You should have taken care of the issue right away. Did you think it would just be forgotten about? You could have went to the store where she worked and asked who to contact, or looked on the internet, or visited the local courthouse.. something!
Either way, it’s too late now and it sounds like the criminal justice system in your town/city sucks. I would advis you to contact an attorney immediatley, but your financial situation being as it is, that might not be the best choice. Perhaps do it anyway and maybe they will be able to work something out with you or do it for free (f you’re ridiculously lucky). Your only other choice is to wait it out and see what happens.
Hey Mary – so sorry to read about the tough times. These are desperate times and require desperate measures. An attorney is the answer, for sure. Contact the ACLU (sheesh! can’t believe I even suggest those anti-Christian dolts), or check for Legal Aid in your community. Even call a regular attorney, as they should give you a free consultation and can recommend a course of action.
I don’t know what else to suggest to you, but I wish you well.
Oh, Mary, I’m so sorry you’re dealing with this right now.
It sounds to me like she missed her court date and has a warrant out for her arrest. You need to contact the prosecutor for the city/county who is over the case and try to have the warrant recalled and request a plea in abeyance [which basically means the whole thing is shelved for a specific period of time and if your daughter is law abiding during that time the case is closed and stays off her record]. Please email me if you’d like a little more help. My hubby is a defense atty and I can ask him to talk you thru it.
so you are a paralegal and you never thought to call an attorney? or to track her court case?
your church seems to have enough money to fund the taking away of rights of people in my state, including parents with daughters like yours.
it seems like your daughter is not the only one a little naive, but hey, why not dip into your church’s compassion again for help? they certainly didn’t use up their store of compassion this year and they have plenty left to use before the end of the year.
She has to take some of the responsibility here, but I think that her employer is also liable. They needed to make sure she is trained enough to recognize the difference between alcohol and other beverages. I would talk to your bishop about helping with legal fees, or go to one of those free legal places like legal aid.
Good luck!
She needs a lawyer. Surely SOMEONE in teh church could help with that. Talk to the bishop. That’s what I would do.
One question: when I go to the store, I see people ahead of me buying wine or other alcohol and the cash register actually tells the cashier to ask for identification. Why didn’t the store do this? The store should bear some responsibility, I would think.
Sorry but this is life, my NCO tried to frame me once by gettign me for disobeying an order, I was a mormon back then to and getting me committed to the 4th floor (crazy people’s floor) bad things happen to good people, you will have to pray for this person who had no idea how innocent your daught was I mean root beer bottles look like beer for gosh dang sakes alive. The whole point of the mess was your daughter was suppose ot ID the person, I mean now your daughter will have to ID old people if she ever works as a cashier again. I know its stupid, but it happens.
THERE MUST BE SOME LDS LAWYER IN YOUR WARD OR STAKE THAT CAN HELP YOU, ask your bishop if he knows of anyone.