hey can anybody please suggest what to do one of my fren got caught by TABC at townson gas station selling beer to minor as he looked old so he sold without looking his id but they didnot arrest him can any body say what to do next...is it a crime does it affect on student visa....hope you guys will help it out...

I'd think the employer gets in trouble/fined, not the employee. It's the employers responsibility to have well trained employees. Your friend is just working for the employer so the burden falls on them, not your friend. That's just my thought...

can you be sure because they didnot arrest him but told him to pay the bond after it got released and they will give him court date dont know what the hell is this in america!!!!

if they have evidence that he actually sold alcohol to a minor, then, the best way is to plead guilty and get some kind of deal, such as lesser fine by telling the DA that he was careless, and that he has learned his lesson. i don't think they are going to sentence him to jail time. if he is working without work authorization, that could affect his immigration status, if the DA asks. if not, just work out a deal with the DA unless, he has proof that the person sold to is NOT a minor. remember, USA is tough on those violations.

now, if he is, as in most cases, slapped with only a fine via a ticket, just pay the fine and get over with it. if the fine is too much, just call the number on the ticket and request lesser fine and/or payment in installments.

if court is involved and if the EE was not sent to a proper government sanctioned training centers, then employer is in trouble. because everyone selling alcohol, must go to a class (federal law), sponsored (paid) by the employer. if none of these happened, then employer is in trouble. if the kid did not have work auth, then both are in even bigger problem, very very big problem. i mean, the employer will certainly loose his biz lincense, and may be sentenced with $250K fine and jail time.

Jeewan,

In which state and county did this incident happen?? Because different states and different counties have their own rules, knowing the county and state is very important for anyone to suggest you. In some counties like Dallas county in TX, if anyone sells alcohol to a minor, the seller is taken to prison most of the time (also depends on the officer handling the case), whereas counties like Collen and Wyle in TX, seller only gets a fine for the first time and if the offence is repeated three or more times, then only he/she is taken to prison. So, it really depends on the county and state.

It is wonderful that your friend is not taken to jail, because if he was taken then many questions about his legal status would have come. Now, if he is only issued a ticket (and usually these kinds of tickets are large averaging atleast $500), it is a lot better and safe for him to pay the ticket and solve the issue. In most cases like, these employers pay the fines for their employees or pay at least the half, but the employer is in no way obliged to do so. It is just an understanding between the two.

Are you sure that he was not taken to a prison, because you're saying that they have given a court date. Usually, if anyone is issued a ticket or fine, he/she is not given a court date. They are given certain days (normally 21 days) from the date of offence within which they have to come to the court and pay the ticket or make a deal and agree to pay the ticket in installments or disagree to pay the ticket. If he disagrees to pay the ticket/fine, he has to ask for a court date to see the judge to explain him that he/she was not at fault. If the judge is convinced he will let you friend go without paying the fine or pay a minimum fine. But the thing is that court date is given at the court and not by officer who issued him the ticket at the incident site. So, this is a bit confusing.

If your friend was taken to prison and let out on a bail, he/she needs to look for a very strong and a good lawyer. PLS be specific where did this incident happen and there will be more helpful thoughts.

Good Luck to both of you.

hi jeewan,

It is true that it depends from state to state and county to county. If he is not taken to prison then he will most probably be given a court date. Then they will make your fine of certain amount and certain time of community service. There won't be any problem with the immigration as far as i know. But it is better for your friend to quit working in that place.

Good luck

thanks for giving me idea it happened on texas at harris county ya he wasnot taken to jail but they did told him to pay bond after it gets out or surrender to police so we have no clue what it is? is it fine or like getting arrested..

thanks for giving me idea it happened on texas at harris county ya he wasnot taken to jail but they did told him to pay bond after it gets out or surrender to police so we have no clue what it is? is it fine or like getting arrested..

thanks for giving me idea it happened on texas at harris county ya he wasnot taken to jail but they did told him to pay bond after it gets out or surrender to police so we have no clue what it is? is it fine or like getting arrested..

Jeewan,That should be a ticket or fine that your friend was issued for the offence. It is really great that he was only given a ticket. The amount on that ticket comes out afterabout two to three days of the issuance. So, call the number on the ticket/fine and try to find out the amount. If you have any questions, the best thing to do is to callthe number on the ticket/fine and talk to an operator. Mention to the operator that thisis the first time this thing has happended to you (or your friend) and you know nothingabout how to proceed further. The operator would explain every thing in detail andyou'll be very clear.In TX, tickets should be paid or court must be contacted within 21 days of the issuanceof a ticket or fine. If you don't pay the ticket or fine or contact the court withinthe 21 days, a warrant will be issued. So, be very careful on this!Good Luck guys.

hey thanks for reply again

but am confused.....  he wasnot given any ticket i mean those TABC people didnot gave him anything just asked are you going to leave country he said no and left saying call bail bond company and pay the bond and they will give you court date or surrender to police so if they had given ticket he would have got some piece of paper right ? he did not have anything expect a letter given to the store saying  administration action has been filed....so have no idea where to call....we tried checking calling attorney all attorneys have own views some says after bond is issued he needs to surrender himself and its misdeameanor A and some says its misdeameanor C and after bail is issued pay bond and get the court date no idea wht the hell is happening

As far as i am in light of this situation, i think the employer is in trouble not ur friend.

Did ur fren give the officers any form of id? Or the letter that the officers gave him, does it have ur frens name or the name of the store on it? "Administrative action has been filed" it is probably a case against the store.....

And did ur fren talk with the owner of the store about this matter?

A lot of things u need to think about man.

peace

ya the letter given is in the store name and those cops took his license id and took his information and ask to contact bail bond any company ...

The whole thing sounds confusion. I think the best thing right now would be to call the TABC in Austin, explain them the situation and confusion, and ask for further instructions. He should be honest in this matter right now because they have all his information. They said him to contact a bail bond company and to surrender. From what I understand, they mean he should surrender to the police himself and then get a bail from a bail bond company. But I am not sure on this and I pray and hope that this be not the case. So, it would be a wise idea to call and check with the TABC. Also, have you tried contacting the DWI or TABC attorneys or criminal attorneys as they will have better ideas in cases like these than the regular attorneys.

Good Luck and God Be with your friend.

hey HappyFace

thanks for your help ya we tried to talk attorney but all attorney has different views so we are just waiting to issue bond but do you know which Misdeameanor is it?.....

once again thanks yaar!

Hey Jeeewan, it's classs A Misdemeanor in Texas.

Jeeewan,Here's something interesting that I found:http://www.vogueseattle.com/Austin%20Criminal%20Defense%20Attorney.htmVisit the link above. They have some important tips for your friend's case.Also try googling "selling alcohol to minor in TX" or something like this.Hope this helps you.Good Luck!

Happyface thanks again ya its kind of similar case like that found on the linked but now we are just confused about surrending to police as we talked couple attorneys one told the bail bond will issue bond and pay it then after he can find conclusion what to do with the case as we are trying to dismissed it rather then paying small fines coz the guy looked old....and next attorney he said that the warrant issue will be formed and my fren needs to go to custody for few hours and you can pay bond and get released and fight for the case so we dont have no conclusion until bond is formed so we are just praying he doesnot need to go for police himself and we can pay bond before he gets arrested lets see what happens...

i really appreciate your help man keep up

hey jiwan,

sth happened like this before in liberty in houston for my frn...but i have no idea thhat is harris county or not...as fas as his case he went to the court...plead for guilty and just pay the fine...and the case is dismisses...there will be be nothing more than that.....it was happened for a guy too in beaumont in texas....its not a big problem...as far as the immigration everything is just happened on the drivers id...so no immigration is engaged...dont worry..it will be ok.......

Okay there is nothing to worry about.  
Since it is a misdemeanor and not a felony the charges or fines are minimal. 

I am pretty sure that you have got a arraignment date for the case.  On that day the judge will ask you either to plead guilty, plead not guilty or No contest.  In pleading guilty your friend will be out by paying a minimal amount of state fine for selling of alcoholic beverage to minor.  If you "plead not guilty" you will go to trial with a attorney on your defense.  On that case the state attorney will prepare a case against you friend and try to find as much information as possible.  It might be possible that they might pull a thread about immigration and everything comes out from selling alcohol and immigration.  The last one is "No Contest" in which your friend will accept the misdemeanor but hasn't plead gulilty yet. This case comes when you are arrested and released on a bond and you give a statement to the police. 
So the best move will be to plead guilty and to pay the fine and leave it quietly.  Because if you go to trial your criminal/background check will be done. But if the case doesn't goes beyond arraignment, there will be no background check and no trial.
Be careful the next time.
Anymore questions, let me know..