If I was cited for possession of alcohol by a minor, what is the best advice you can give me?

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If I was cited for possession of alcohol by a minor, what is the best advice you can give me?

I’m 20 years old turning 21 about 6 weeks. The cop pulled stopped us over because I was walking back to my friends car, which was parked. He asked my friend to reach behind the drivers seat of which there was a bottle of alcohol, and i had one on myself. Though, we were not drunk nor driving he made us sit down and confiscated our cell phones, and gave us citations (misdemeanor). My court date is coming up and I wanted to know my options when the time came.

Asked on April 15, 2012 under Criminal Law, California

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You need to seek help from an attorney BEFORE you go for the court date.  He or she needs to go with you.  California has various defense that can be raised for MIP cases but I think that the only one that you may be able to use is that the search was not proper.  It is punishable by fine and/or community service (which is good for you) and a one year suspension of your license.  Repeat offenses will cause you grief.  Get help.


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