Q: My 20 year old daughter tried to get in a club in MD with a fake ID that had her real name & picture, with a different
Birthdate. We live in Pa. She’s a top student & has never been in trouble.Can she plead guilty & ask for the diversion program? What is the best avenue to try to get a misdemeanor off her record? Thank you.
A: Never plead guilty. Her best option is to hire a lawyer. Diversion is certainly on the table but to get the best deal and to avoid a record she would be far better off hiring a lawyer.
Scott Scherr agrees with this answer
A: You should hire an attorney to represent your daughter. Some counties will do diversion for this type of charge where your daughter does community service and the charge is dropped allowing her to get her record expunged. An attorney should be able to keep a conviction off her record.
Lee Eidelberg agrees with this answer
A: I wholeheartedly agree with my colleagues' previous responses. Having handled countless cases involving young adults using internet generated fake I.D.'s, it is not uncommon, provided a Defendant has no prior convictions or similar offenses in their history, to avoid formal prosecution. However, the successful outcome you envision is oftentimes dependent on the jurisdiction in which the alleged offense occurred and the mindset of the particular prosecutor who has been assigned the case's prosecution An attorney would definitely be in the best position to approach the state, well in advance of a scheduled trial date, to discuss alternatives to prosecution.
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