Criminal Defense Attorney

Minor in Possession of Alcohol – Clerk’s Hearing – No Complaint Issued

SC, a 19-year-old college student, was stopped by police in a parking lot. In his hands was a 12-pack of beer. The police officer asked to see his identification. SC handed his driver’s license to the officer. The officer, noting SC’s age, remarked that SC could not legally possess alcohol. SC said nothing. The officer issued a summons for SC to appear in court to for a “show cause” hearing, also known as a Clerk-Magistrate’s Hearing.

SC’s family hired Henry Fasoldt. Having experience with these hearings, Henry knew that, typically, the Clerk will decline to issue the complaint if the target of the complaint – SC, in this case – agrees to perform community service. As expected, the Clerk made that very offer to SC. SC agreed to perform 15 hours of community service in exchange for the complaint not issuing.

SC made good on his end of the deal; he did the community service. The Clerk dismissed the application for complaint permanently.