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A Credit Counselor Versus a Bankruptcy Attorney


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A Credit Counselor Versus a Bankruptcy Attorney

When I was drowning in debt, I knew that soon enough I would need to file for bankruptcy. I simply didn't make enough to cover the amount of debt I had accumulated. However, I was not sure whether I should work with a credit counselor or a bankruptcy attorney. I did a lot of research on the subject and found that there are pros and cons to working with both a credit counselor and a bankruptcy attorney, and that you also had the option of working with both at the same time. Ultimately, I decided to hire the attorney, but that may not be the best option for everyone. I created this website to help you understand what a credit counselor is and what they do, what a bankruptcy attorney is and what they do and how each can help you if you are drowning in debt.

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Why You May Fail A Mistake Of Fact Defense When Charged With Selling Alcohol To A Minor

A mistake of fact defense is one based on the premise that the defendant relied on an incorrect assumption of fact when performing the illegal act. For example, if you are charged with selling alcohol to a minor, you may be able to defend yourself by proving that the minor presented themselves as an adult above the legal drinking age. However, this defense isn't foolproof. For example, you will not succeed with this mistake of fact defense if:

Your State Classifies the Offense as Strict Liability

A strict liability offense is one in which the prosecution doesn't have to prove that you intended to do something illegal; they just have to prove that you did it. This means you can still be found guilty of a strict liability offense even if it was a mistake on your part.

In some places, giving alcohol to a minor is a strict liability offense. This means the prosecution doesn't have to prove that you did not know the person you gave alcohol to was a minor. You will still be charged with the offense even if the person had a fake ID that looked like the real thing.

You Did Not Ask To See an ID

In most jurisdictions, you are required to ask an ID from every person who comes to buy alcohol and looks underage. You aren't supposed to assume that the person just looks young; you are supposed to verify it. For example, Indiana requires alcohol sellers to check identification for anybody under the age of 40 who wants to buy alcohol to drink outside the premises. It's not easy to mistake a 16-year-old for a 41-year-old; therefore, you won't have a valid defense if you sell alcohol to a 16-year-old by claiming that they appeared old enough.

The ID Was Obviously Fake

In some cases, it's not just enough to ask for an ID; you are also required not to sell alcohol to anybody with an obviously fake ID. An obviously fake ID is one that any reasonable person would immediate pick out as fake. For example, if a teenager comes with a driver's license that has a picture of a person of the opposite gender, then the ID cannot be theirs. In such a case, you cannot sell alcohol to the minor and later claim that you did so because the person showed you an ID.

You Did Not Verify the ID

Lastly, you may not be able to defend yourself if you did not verify the ID that the minor showed to you. This is because, in some states, you don't just accept an ID (with regard to alcohol sales) because it looks genuine. You are supposed to verify it by using a scanner before making the sale.

Therefore, don't just assume that you can use the mistake of fact defense when accused of selling alcohol to a minor. Consult a criminal defense attorney like Robert A Murray to confirm that the circumstances of your alleged act allow you to use that defense. The attorney may also furnish you with other forms of defenses depending on your situation.