Plant City, FL asked in Civil Litigation, Consumer Law and Criminal Law for Florida

Q: I had sent a notice to a liquor store not to sell to a loved one and they still did. How do they get charged?

562.50  Habitual drunkards; furnishing intoxicants to, after notice. Police said they are supposed to be charged with a 2nd degree misdemeanor.

Letters were sent certified.

Police at first said they would do something at first, but they wont. Because he is over 21. And they have to see him buying it. And can't stop them from selling to him.

2 Lawyer Answers
Terrence H Thorgaard
Terrence H Thorgaard
Answered
  • Freeeport, FL
  • Licensed in Florida

A: Did the police say why they aren't doing anything?

Charles M.  Baron
Charles M. Baron
Answered
  • Criminal Law Lawyer
  • Hollywood, FL
  • Licensed in Florida

A: The reason the police said they must see him buying the liquor in order to arrest the seller is that the crime is classified as a misdemeanor (as opposed to a felony). For most misdemeanor violations, the crime must be committed in the police officer's presence in order to trigger an arrest (absent an arrest warrant). The police dept. likely does not have the resources to station an officer at the liquor store all day, waiting for the buyer to show up.

If your relative happens to be a habitual drunkard, with no self-control, AND he has inflicted, or threatened or attempted to inflict physical harm on himself or another person, you have the option of filing a Marchman Act petition that, upon being granted, would enable the police to take him, against his will, to a rehabilitation facility for treatment. (Obviously, if you were to do that, make sure that he has no object in his possession that could be mistaken for a weapon. )

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.