Do I need an attorney for an open container violation issue ?
Question Details:I got a ticket for an open container violation. I'll have to pay a $25 fine if I want to plead guilty but I don't want to. I have a court date. What are the chances that I will get this case dismissed and off my record if I get an attorney? I need to have this case dismissed and off my record because I'm in the military and this job I want states that I must have "No convictions by special or general courts-martial or civil courts (except minor traffic violations). I am 21 but there is no ID number on the pink slip.
I am a criminal defense attorney. I would expect to be able to get the ACOD for this case. Give me a call if you would like to discuss the matter. www.CriminalDefense1.com www.NYAttorneyDivorce.com
An open container offense is considered to be a "petty offense" and as such has not been classified as a crime (either misdemeanor or felony); it is a "violation". In New York, such violations are automatically sealed and it is illegal to report such violations to an employer on a background check. However, even if this violation is sealed to the public, typically the government or military has access to such records. I would hire a criminal defense attorney. If they can resolve this situation some other way you may not have to worry about your guilty plea. A preferable result could be a dismissal or an adjournment in contemplation of dismissal (ACOD). The latter result means that if you stay out of trouble for six months then the case is dismissed.
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