What type of proof is needed to be chargedwith a minor in consumption?

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What type of proof is needed to be chargedwith a minor in consumption?

I was at a party with 21+ years old people and some minors. I am minor. The police came on a noise ordinance call and entered the home without the home’s resident’s knowledge. I told the officer that I did not drink any alcohol and did not take a breathalyzer. I was issued a summons to appear in court in 11 days. What should Ido? No Miranda rights were read.

Asked on January 5, 2012 under Criminal Law, New Jersey

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

In order to prove the charge of a minor in possession of alcohol the prosecution has to prove beyond beyond a reasoanble doubt that you were under the age of 21 years at the time of the incident actually consumed an alcoholic beverage.

Unless the officer's police report states that he saw you consume alcoholic beverages and/or in speaking with you that there was a distinct odor of alcohol on your breath, the district attorney's office seemingly will have a difficult time proving its case against you from what you have written.

I suggest that you make the court appearance on the date, time and location of the summons you received. You should also consider consulting with a criminal defense attorney about the charge against you.


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