What is having “possession”?

Get Legal Help Today

 Secured with SHA-256 Encryption

What is having “possession”?

I ask, because I was recently given a ticket and court date for this, and I want to fight it. When the officer drove up to the scene I was on a sidewalk while there was beer ina vehicle parked in front of me and in everyone else’s hands. I did not have any alcohol in my hand nor was I the owner of any of it. I did mess up though and when the officer asked had I been drinking, out of fear I answered yes a few sips (which is totally true I had 2 sips at the most). I’m certain that this is why i was given a ticket. But I was charged with the wrong thing. No breathalizer was used so there is no proof that I had consumed alcohol. Can I fight this and win? Do I have a case? Do I need a lawyer? Is it worse to fight it and lose? And most importantly, will this stay on my record?

Asked on June 18, 2012 under Criminal Law, California

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

I suggest that you consult with a criminal defense attorney with respect to the alcohol possession charge that you are facing as a person under the age of twenty-one (21) years to assist you.

Under the law, "posssession" essentially means having access to or in control of an item. In your situation, since you did not have "possession" of alcohol from what you have written, the proper charge from what you have written would be underage consumption of alcohol assuming you are under twenty-one (21) years of age.

From what you have written, I would contest the criminal charge against you. If convicted of the misdemeanor, the conviction will remain on your record for the rest of your life.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption