I have already gone through the diversion program twice, once before i was 18 and once after, both these charges however have been expunged. I recently got charged with underage possession, what kind of charges may i be facing and will it be treated as a first offense? (I know the maximum penalty for underage possession is $1000 fine and 6 months in jail).
this is for legal issues pertaining to websites and such. Not many of us no the legalities of underage drinking. Though, if you have not been formally charged and found guilty of underage possession before, I doubt you will receive any jail time. You will probably be looking at a fine, community service, and maybe 1-2 years probation. Just my guess from experience.
I am not sure if they practice 3 strikes and you are out in your country. I guess you will normally need an attorney for this as you are a repeated offender. Normally repeated offender may face far harsher sentences. Without knowing the specifics I won't venture to go further, an attorney will be your best bet. If you do not have the means for an attorney, normally the state will assign you one.
Well, let's start with the black-letter law - assuming that you weren't driving a car (or were in a public place), and didn't provide a fake ID when arrested: ORC 4301.63 Purchase of beer or intoxicating liquor by persons under twenty-one prohibited. Except as otherwise provided in this chapter, no person under the age of twenty-one years shall purchase beer or intoxicating liquor. ORC 4301.99 Penalty (E) Whoever violates section 4301.63 or division (B) of section 4301.631 of the Revised Code shall be fined not less than twenty-five nor more than one hundred dollars. The court imposing a fine for a violation of section 4301.63 or division (B) of section 4301.631 of the Revised Code may order that the fine be paid by the performance of public work at a reasonable hourly rate established by the court. The court shall designate the time within which the public work shall be completed. However, in re-reading your post, you were arrested for "underage possession"... not "underage purchase". There's a different code section that covers possession: ORC 4301.67 Illegal possession of spirituous or intoxicating liquor or beer prohibited. No person shall have that person’s possession of any spirituous liquor, in excess of one liter, in one or more containers, which was not purchased at wholesale or retail from the division of liquor control or otherwise lawfully acquired pursuant to Chapters 4301. and 4303. of the Revised Code, or any other intoxicating liquor or beer, in one or more containers, which was not lawfully acquired pursuant to Chapters 4301. and 4303. of the Revised Code. Which leads to a different penalty: ORC 4301.99 Penalty. (B) Whoever violates section 4301.15, division (A)(2) or (C) of section 4301.22, division (C), (D), (E), (F), (G), (H), or (I) of section 4301.631, or section 4301.64 or 4301.67 of the Revised Code is guilty of a misdemeanor of the fourth degree. If an offender who violates section 4301.64 of the Revised Code was under the age of eighteen years at the time of the offense, the court, in addition to any other penalties it imposes upon the offender, shall suspend the offender’s temporary instruction permit, probationary driver’s license, or driver’s license for a period of not less than six months and not more than one year. If the offender is fifteen years and six months of age or older and has not been issued a temporary instruction permit or probationary driver’s license, the offender shall not be eligible to be issued such a license or permit for a period of six months. If the offender has not attained the age of fifteen years and six months, the offender shall not be eligible to be issued a temporary instruction permit until the offender attains the age of sixteen years. So, even for a first offense, you can get hit with a fine to be paid as community service. And, if you see the italicized language I highlighted above, you can lose your driver's license (or not be eligible for one). And we now need to check and see the penalty for a 4th degree misdemeanor is in Ohio: I found an Ohio lawyer who says that "In Ohio, common misdemeanor penalties include: * fourth degree charges = no more than 30 days in prison and up to $250 fine" (http://www . funkhouserlaw . com / misdemeanor.cfm). And, while you might believe that your record has been expunged, don't trust someone's declaration that the record was expunged. There are several cases where the case file just has the word "expunged" written on it... but it's still available to find. So, prosecutors who find this out will try to use it against you, as you're starting to show a pattern of behavior. In all, I would always recommend a discussion with an attorney in your area for a definitive opinion and potential defense. Especially since this is WAY out of my typical subject matter, this is a reminder that this post is not legal advice, I'm not your attorney and nothing I said should be construed as legal advice. Good luck! ~Jeff