Monday, June 20, 2016

Ithaca College Cornell Criminal defense lawyer: Why Pleading Guilty to New York ABC 65(b) ATTEMPT TO PURCHASE ALCOHOL BY FRAUDULENT MEANS is a VERY BAD IDEA!

One of my favorite  Xmas movies!  -Elf , Newman & Cyr, The DWI Attorneys


Why Pleading Guilty to 
New York ABC 65(b) 
FRAUDULENT USE OF A LICENSE
is a Very Bad Idea! 


Fraud, Deceit, and Dishonesty is kinda like Lions, Tigers, and Bears dangerous to a future employer. Your behavior is a reflection of your character. 

In New York, college kids getting a fake ID is almost a rite of passage. The dreaded FOMO (fear of missing out) outweighs the consequences of being caught and then punished. 

New York police regularly punish alcohol purchase, and use by minors (those under 21 years of age) through our ABC laws

A = Alcohol
B = Beverage
C = Control

ABC laws are the first tier of potential offenses when using a fake ID. The police in their discretion can up the charges to higher level crimes as well. 

New York Alcoholic Beverage Control Law § 65-b. Offense for one under age of twenty-one years to purchase or attempt to purchase an alcoholic beverage through fraudulent means

ABC law section 65 b can apply to using a driver's license (fake, altered, or someone else's) to purchase alcohol, get into a bar, or to get served. This is a violation in NYS (lowest level offense) but you still don't want it on your record.

ITHACA HAS IT'S OWN CITY CODE ABC VIOLATIONS...

In Ithaca, we regularly defend Ithaca College and Cornell University students who get charged with an Ithaca City Code violation for the same thing:  ABC law "Attempt to Purchase Alcohol by Fraudulent Means."  Students will be handed a pink sheet of paper ordering them to appear in Ithaca City Court without any explanation or sense of the potential consequences.  

New York State Violations will Appear on a Background Check  

I have seen the majority of background checks, especially FBI checks, come back with everything you have ever done including violations. The problem with even violations that say you cheated, lied, deceived, or used controlled substances (marijuana) is what it may indicate to a future employer. 

Dishonest Acts can be Worse than True Crimes

Under Federal immigration law, any acts that speak of dishonesty or fraud are potentially hazardous to aliens here on visas. Fraud is a big word because truth is still highly valued. People get deported for these type of offenses. Large companies, organizations, and licensing agencies want people of true character. People they can rely upon and people they can invest in long term.

You Want Your Violations to Be Reduced to Innocuous Things

One of our jobs as defense attorneys is to defend our clients' futures. Sometimes the best defense is a negotiation to something (a violation) that is less caustic. Another offense that doesn't speak to dishonesty or fraud. One you can live with, have a future with, and potentially explain as an act of misguided youth. 



If you have questions about an Alcohol Possession or Fake ID ticket (ABC ticket) in Ithaca City Court or elsewhere in New York, call us:
607-229-5184


or find us online:  www.ithacadwi.com

www.watkinsglendwi.com

www.facebook.com/ithacadwi

www.twitter.com/ithacadwi

BY NEWMAN & CYR
Educational Purposes only. Copyright 2016.

If you or a loved one are charged with a crime, we strongly urge you to consult with a local, licensed criminal defense attorney to lessen the possible negative outcomes -including the potential loss of your freedom.

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