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my son who is 17 works at kmart and got a

Sent to Legal Experts May 24, 2007 8:36 p.m.

my son who is 17 works at kmart and got a citation for selling tobacco to a minor without asking for id. what are his legal rights and should we seek legal help before he goes to court?

Optional Information:
Rio Rancho, New Mexico

Already Tried:
nothing yet, this happened last night

Customer (name blocked for privacy)

Status: Closed Value: $15

Answer
May 24, 2007 8:42 p.m. (5 minutes and 43 seconds later)

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It would be a good idea to hire counsel. If this is a first offense,in many instances the matter can be negotiated so that the charge does not appear on the person's record. Different states have different terms for such an agreement. It may be called a Stay of Prosecution or a Continuation for Dismissal or something similar. Essentially, it means that they give the person a probationary period - usually a year. If the person has no same or similar offenses, the matter is dismissed.

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Edited by Lawmoe on May 24 2007 at 8:42pm

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The information provided is general in nature only and should not be construed as legal advice or to create an attorney-client relationship. You should always consult with a lawyer in your state

Lawmoe -- Lawyer (JD) -- 98% Positive Feedback on 2107 Legal Accepts
Lawyer with 16 years of litigation experience in state and federal court systems.

Reply
Sent May 24, 2007 8:54 p.m. (12 minutes and 33 seconds later)

Thank you, this was his first offense (of any type) and first job. It was extremely busy and my son was the only cashier and his line was growing. My son is only 17 so technically, he should not be allowed to sell tobacco without a manager. I don't think the officer even realized his age at the time. It was one of those sting operations.

Customer (name blocked for privacy)

Answer
May 24, 2007 8:59 p.m. (4 minutes and 32 seconds later)

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Lawmoe -- Lawyer (JD) -- 98% Positive Feedback on 2107 Legal Accepts
Lawyer with 16 years of litigation experience in state and federal court systems.

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