RESOURCE ALERT LEGAL CASE
“Was the Ohio rules of criminal procedure followed in this case involving the sale of alcohol to a minor or should the conviction be vacated due to a failure by the police?”
In October 2010, the Austintown Police Department conducted alcohol compliance checks within their community. The 19 year old underage buyer entered a bar called The Budapest Inn and ordered a beer. Christine Jones, Defendant-Appellant, who was working behind the bar, asked for the student’s identification. He provided his license, which was a different color and orientation due to his young age. Still, Christine sold him a beer. Using his phone, the student signaled the officer, who was waiting in the parking lot. The officer entered the bar, confiscated the beer, and advised Ms. Jones that he was going to file a complaint against her for the offense. She was subsequently arrested and convicted of selling alcohol to a person under the age of 21 in contradiction to Ohio state law.
Defendant-appellant Christine Jones appeals from her conviction of selling alcohol to an underage person, which was entered in Mahoning County Court. She asserts the complaint filed by the police department, unaccompanied by a separate affidavit, should have been dismissed because it lacked factual justification to support the arrest warrant and thus the deputy clerk could not make a probable cause determination.
This case provides the reader with a great analysis of issues commonly raised by defendants on the issues related to criminal procedure as well as a detailed analysis by the Court on the issues raised on appeal. This Legal Case can be read in its entirety here.
