QUESTION
How can an attorney help in a possession of alcohol case?
Asked on Sep 17th, 2011 on Criminal Law - California
More details to this question:
My daughter (19) was cited for possession of alcohol near the university campus. Can a lawyer help and what would the cost be?
25 ANSWERS
Jacob P. Sartz
Your daughter is presumed innocent until proven guilty. The prosecutor needs to prove any allegations beyond a reasonable doubt. Yes, a lawyer can help and costs vary depending on how the lawyer charges for representation. Further, costs may be different depending on the location, a person's background, the charges, and whether the lawyer has any additional or specialized training, experience, and background regarding the particular type of criminal charge. Most attorneys provide free initial consultations. It is worth a few phone calls find out the applicable local rate.
Answered on Oct 06th, 2011 at 2:19 PM
Immigration Attorney serving Las Vegas, NV
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Reza Athari & Associates, PLLC
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Not only can a lawyer help defend against the charges, help to minimize penalties, help keep someone's record clean, but an attorney can even be helpful before charges have been filed. An attorney can help find out if an investigation is ongoing, if charges will be filed, and perhaps help avoid the filing of charges at all. Of course, there are no guarantees, but I always encourage potential defendants to consult an attorney as early as possible in any case.
Answered on Sep 20th, 2011 at 9:05 PM
Criminal Defense Attorney serving Santa Rosa, CA
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Michael T. Lynch
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An Attorney can help in many ways. First and foremost, an attorney is your legal guide during a difficult and confusing time. The first goal of any case is a dismissal. Only an attorney would be able to identify a violation of someones constitutional rights, and move to have the case dismissed. Outside of a dismissal, the general rule is to minimize damage. Often an attorney can press for a better resolution than a defendant could simply get on their own.
Answered on Sep 20th, 2011 at 6:05 PM
Steven D. Dunnings
What university and if it was MSU, might be able to get her off with no public record of conviction, although there will be a record of an arrest.
Answered on Sep 20th, 2011 at 1:04 PM
Criminal Defense Attorney serving Charlotte, NC
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Olsinski Injury, Family and Criminal Lawyers
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A lawyer should always be able to help. The cost would depend on the lawyer and what county she was charged in.
Answered on Sep 20th, 2011 at 10:00 AM
Criminal Law Attorney serving Lancaster, NH
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Harden Law Office
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There may be an illegal stop, the test equipment could be defective, complaint could be in err. I have won many MIP cases. The charges an attorney charge vary significantly. You should contact the best lawyer who does exclusively criminal defense by reputation in the area of the charges and have a meeting.
Answered on Sep 20th, 2011 at 9:33 AM
An attorney would help in that he/she would know the procedure of the court and possible plea bargains. Under the law, it is possible for your daughter to obtain a deferred sentence that would disappear from her public record once conditions were met. As for cost, most attorneys would charge an hourly rate for this type of matter.
Answered on Sep 20th, 2011 at 9:18 AM
Michael J. Breczinski
The lawyer may be able to get her consideration in some sort of diversion program. HTis would be a program where if she did what the court wanted then no record.
Answered on Sep 20th, 2011 at 9:10 AM
Criminal Law Attorney serving Worcester, MA
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Gregory Casale, Attorney at Law
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I do not quote costs in emails. However, a good lawyer may be able to keep this off of her record, which in my opinion is worth quite a lot.
Answered on Sep 20th, 2011 at 9:04 AM
Yes, an attorney can certainly help. The most important thing is that your daughter does not take an alcohol related conviction on her record. An attorney may be able to defend the charge against your daughter or at least negotiate a plea bargain that will avoid the conviction. Most attorneys will take this case for $500 or less. If you are within the jurisdictions where I normally practice I might be able to offer my services. Please feel free to contact me.
Answered on Sep 20th, 2011 at 8:23 AM
Transportation Attorney serving Mamaroneck, NY
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Palumbo & Associates, PC
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Yes, and attorney can help. Your daughter needs professional representation. You would not expect her to extract her tooth herself if it were decayed how can you expect her to understand the complexities of the criminal justice system? The cost varies but these are serious charges our office would charge a minimum of $1,500.00 and possibly more - but you get what you pay for.
Answered on Sep 20th, 2011 at 7:59 AM
Absolutely. Given that it is a rather minor charge, an experienced attorney can often negotiate a deal with the prosecutor or Judge whereby a dismissal is earned.
Answered on Sep 20th, 2011 at 7:54 AM
A good attorney can assist by preparing to fight the case the whole way. A good attorney will look for any of a number of reasons to get the case thrown out. Short of that a good attorney will also try to get the prosecution to dismiss the case or, in some cases, offer a plea deal that allows the accused to protect their good name and future. The price of a good attorney will vary according to the attorney and how much they will do, whether it be just helping you to plead guilty or fighting your case.
Answered on Sep 20th, 2011 at 7:54 AM
Yes an attorney will help. How much it will help will depend or the facts of the case. As to the cost that too depends on the facts and also the attorney you choose. The highest price attorney is not always the best.
Answered on Sep 20th, 2011 at 6:39 AM
Drug Charges Attorney serving Houston, TX
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Cynthia Henley
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The cost of a lawyer varies from county to county, city to city, and lawyer to lawyer. You will have to contact the individual lawyers to determine but you should be able to get a lawyer for under $1,000 with no problem. (Probably much less than that.) A lawyer can help guide your daughter to the best conclusion such as a deferred prosecution. Some judges are very reluctant to give these special probations which allow for a future dismissal and the expunction of the record. Lawyers can often talk the judge into giving the deferred when there is a reluctance to do so.
Answered on Sep 20th, 2011 at 6:31 AM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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You do not give me enough facts, but generally, I would say an attorney is very beneficial. Not only can the attorney evaluate your daughters case and quite possibly negotiate a resolution, but you should also consider the following factors: if your daughter is a student and receiving scholarship, loans, or financial aid, a criminal conviction could jeopardize all of these. As for costs, it again depends upon the case and your daughters expectations. Attorneys can be expensive, but consider the long term consequences of trying to do it on your own.
Answered on Sep 20th, 2011 at 5:33 AM
Hello- Most attorneys can lessen the punishment for such offenses. Cost can range from approximately $850 to $1500.
Answered on Sep 20th, 2011 at 5:08 AM
Assault and Battery Attorney serving Tacoma, WA
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Michael Maltby, Attorney at Law
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A lawyer can usually help resolve a case in a fashion that their clients are thankful for. Every case is different as is every client. With every case there are options and consequences that go with those options. There are decisions to be made. A lawyer helps the client navigate the legal system; advocates for the client and safeguards the client's interests. In short, is better to get a lawyer than to wish later than you had!
Answered on Sep 19th, 2011 at 8:43 PM
Daniel Kieth Martin
Hiring a lawyer is almost always the best thing to do. I don't just say that because I am a lawyer and my son's college tuition is high, I say that because it is true. A lawyer will review the reports and let you know if there is a chance that you can get the case dismissed. Or some other technique that could reduce the expense and hassle for your daughter. As far as cost, each attorney sets their own fees however for a case like this i would probably charge around $1,500. Good luck, I hope everything works out for you.
Answered on Sep 19th, 2011 at 8:42 PM
Criminal Defense Attorney serving Montrose, NY
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Law Office of Jared Altman
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She may not need a lawyer for this. It may just be a fine. You should check it out. But if it's a criminal offense which carries a potential term in jail then you should hire a lawyer.
Answered on Sep 19th, 2011 at 8:30 PM
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The facts may require an attorney. It depends on how clearly she was in possession or consuming or not. An attorney can also help educate her so that she stays out of trouble in the future. In addition, if she is a college student, there will likely be student conduct issues to deal with. Many times people can handle a first (and only) on their own, but last school year, I helped a client get his 2 cases dismissed and dismiss the university case. This would not have happened without an attorney. Cost varies with ability and experience. I usually charge about $1500. My goal is to help students graduate without further problems and without getting suspended by the school for what is normal behavior. Often, I get more of the real story than parents.
Answered on Sep 19th, 2011 at 8:15 PM
Criminal Law Attorney serving Howell, MI
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Law Offices of Jules N. Fiani
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Yes. The cost would approximately be around $750.
Answered on Sep 19th, 2011 at 8:14 PM
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Depends on the court and her priors. But yes, a lawyer can help keep this off her record and even expunge or seal it.
Answered on Sep 19th, 2011 at 8:13 PM
Criminal Defense Attorney serving Orange, CA
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Law Office of Joe Dane
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Yes, an attorney can help to examine the case for any factual, legal or other defenses. If everything is stacked up against her, an attorney can try to negotiate for a dismissal or other alternative resolution that doesn't end up with an alcohol related conviction. If she's convicted of minor in possession, she will lose her license for a year. How much will this cost? That is up to the attorney and whatever fees you agree upon. It's not the most complex case in the world, but the exact fees will need to be discussed with the attorneys you consult with.
Answered on Sep 19th, 2011 at 8:13 PM
Criminal Defense Attorney serving Tustin, CA
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Wallin & Klarich, A Law Corporation
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Absolutely. She needs an attorney to save her license. If she is under 21, admitting guilt will result in a 1 year drivers license suspension. You have to get counsel.
Answered on Sep 19th, 2011 at 7:45 PM