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Open Container on City Streets, Repeat Offender?

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  • Open Container on City Streets, Repeat Offender?

    The City of Newark, DE has a code that classifies an open container of alcohol on city streets is a misdemeanor charge. I'm an out-of-state resident (of age) and upon returning to DE to attend a college Homecoming game, I was arrested for having an open container (red plastic cup with small amount of liquid). Not considering guilt, my concern is, while attending the University 4 years ago I was arrested and convicted of underage consumption (misdemeanor charge). Is something like this typically seen as a "repeat offender" and could I potentially face higher fines/punishment? Or are the two unrelated and I shouldn't necessarily worry? I haven't decided what action I will take, as I'm a Federal employee and I would prefer to keep my record clean (2 misdemeanor charges can't be helpful),but if the law is the law, maybe I have to accept it. Thanks in advance for any responses.

  • #2
    Normally they will not be related. You may confirm your details with the prosecutor's office if need be.


    • #3
      Re: Open Container on City Streets, Repeat Offender?

      I assume I would have to enter a plea of not guilty if I were to want to attempt at lessening the charges? Do prosecutors' offices for criminal complaints typically offer pre-trial conferences to discuss these matters before appearing before the judge? In other words my assumption is this first court appearance is only for the plea? I wouldn't assume they would also hear the case then?

      The last time I appeared I just put in a plea of guilty before the judge, they collected the fine, and sent me on my way.


      • #4
        Re: Open Container on City Streets, Repeat Offender?

        It is easier frankly to have counsel negotiate a reduction, and to agree a solution keeping it off your record. You may want to get counsel for this if it could affect that Fed job...


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