Is there a solution to our problem?

Question

My 20 year old son was charged with underage possession at a dance club because he picked a beer up off the floor. We went to court and he was given 2 years probation, had to attend alcohol school, pay a $500. fine and now this is on his record and he is having a very hard time finding a job because when they do a background check this misdemeanor is showing up on his record. He is now 21 but he still has 1 1/2 years to go on his probation. I can't believe that this incident is ruining his young life. He had never been before a judge before this incident and has always been well behaved. We have tried calling the lawyer that we had to pay $750. to for supposedly having it all taken care of and he won't return my son's calls. What can we do? My son is getting very depressed by the whole situation. We never dreamed it would turn out like this. We live in Ohio.

I would never have let him plead guilty to this charge if I knew this would be the outcome.

For the person who said my son isn't telling the truth I know he is because I have been with him through all of this. What my son was charged with is close to a felony if you can believe that one. I called to see if we could just pay the fine and they said we had to get a lawyer because my son could receive 6 months in jail and a $1000. fine. Where we live employers are looking for employees with a clean background check.

He was putting the conviction on his applications because he thought being truthful would let them see that he's not a bad person but that didn't seem to matter. He was not charged with consumption, he was charged with possession.

Answer 1

Never plead guilty if you're innocent. Admission of guilt (though it shouldn't matter) matters during sentencing.

In most cases, charges will be, if not dropped, completely ignored in misdemeanor cases where the defended pleads not guilty. The state usually doesn't waste time on these things (especially in areas where felonies are commonplace) because they believe them to be generally "unimportant" in the bigger picture.

Since the sentencing has already been carried out, there's really nothing you can do (especially since appeals generally don't apply when the defendant pleads out). The only advice I can give is to petition to have it expunged and take your case to the papers. Aside from that, however, there's not much you can do at this phase.

I do, however, wish you and your son luck and hope that this ridiculous incident can be resolved hastily.

Answer 2

Isn't it sad that we have become such a PC society where we have taken common sense out of everything and we want to treat each case the same regardless of the merits. I live in Oregon (ex OHIOAN, Lancaster).

We have a case here in Oregon where two 13 year olds are being charged with felony sexual abuse because they patted a couple of girls behinds, and allegedly grabbed their breast.

Don't get me wrong, what they did was totally inappropriate, but like in your case look how the courts have taken it to the extreme. In my days if boys did something like that, and they did, they would have got a few swats from a big paddle from the principle or sent to the Football coach for some rehab. Believe me that corrected 90% of the problems. Sorry to ramble, but it really irks me what we have become. Heck when I was 18, not that it was right, I got pulled over with 3 cases of beer in my car for a party run that we did. The officers made us open every bottle and poor it all down the gutter...now try to go back to a party and explain THAT to everyone. Tell your son to hang in there...good luck!

Answer 3

Check out sealmyrecord.com http://www.sealmyrecord.com/ then test requirements under expungement and sealing against the laws of your state.

Atty problem: Suggest sending a short email containing the above link to atty marked Urgent! in the subject line. Ask whether there is similar provision in your state and, if so, if there is anything client can do to assist atty in completing the procedure(s) as expeditiously as possible? Explain that son is experiencing loss of employment opportunities until the matter is dealt with. Finally, ask to please be informed if atty is no longer ready, willing and able to receive client instructions on the matter. Date the email and keep a copy, then await response. If none is forthcoming, send a copy along with a one-page note to the law society, the lawyers' disciplinary body in each state, explaining that atty is not responding to or complying with your clear instructions. Law Society will investigate ASAP. This will get atty's attention, believe me! But you must be clear in the first email and give atty time to respond.

Answer 4

1. Your son isn't telling you the truth.
2. Minor Consumption does NOT prevent him from getting a job.
3. He probably isn't disclosing the conviction when he is ASKED TO on his employment applications.

Answer 5

It may be too late, since he pled guilty, but the lawyer scammed you. Threaten to file with the bar. He probably can`t undo the damage, but he may offer you a refund.

Answer 6

Leave the attorney a message that you will file a grievance with the Bar Association if he doesn't return your calls. I actually did file against mine. He begged me to reconsider. He will call you very quickly.

Answer 7

After the probation is done, and he hasn't gotten in to trouble again, he can get it expunged, the judge has to do it.

Answer 8

contact the state ag office hopefully you have been documenting this if not do so and I agree with you the justice system of today is a joke