My brother was under 21 at the time and used my ID to purchase beer for his friend (under 21) at a concert. I am willing to take the blame for it. He received a citation from undercover officers when they had possession of it 30 min later. I live in a different state, Georgia, and was told that an attorney could go to court for me and I could take a diversion class and get it dismissed. Is this true? Do I have to take the class in California? . Are there any other options?
David Jon PullmanCriminal Defense AttorneySan Rafael, CA ·
First of all, on these facts, you are not guilty of BP 25658(a), so you shouldn't even do diversion, in my opinion. Unless you were the one who sold or otherwise provided the beer to your brother, you are not on the hook for this. Since it is a misdemeanor, a lawyer can appear for you and most likely get this case dismissed. Hopefully, you didn't make any statements to the police that were admissions to a crime. I handle cases in Alameda County and, unless there is something you are not mentioning, I am confident that I can take care of this for you, without you having to leave Georgia. Don't state any more facts of your case publicly online. Feel free to contact me privately, by phone or email, to discuss your case. Good luck to you.
These types of citations are handled in the traffic court. A defendant can agree to diversion for this type of charge at the initial court appearance, or set the case for trial. At the trial, the officer would have to appear and be able to testify to all of the elements of the offense. It sounds like there may be problems with his ability to do that, based upon what you said. If the officer fails to appear for trial or fails to establish the case, it is dismissed. An attorney can appear for you at all stages of proceedings regarding an infraction unless identity is being challenged (which is a defense available to you-- your appearance demonstrating that you were not the man cited would be a defense, you could not be compelled to make any statements such as who had access to your driver's license), but that may become a problem for you if you do not wish to incur the expense of traveling from Georgia. An attorney might be able to find a way to present such a defense without your actual presence.
I would expect that the court would be willing to accommodate your out-of-state status regarding diversion. I believe it is at the discretion of the judge whether diversion would be available after you lost the trial.
Bottom line, it is likely worth hiring a local attorney to avoid the expense of your personal appearance from out of state, and there are probably good defenses available to you.
