What to do about an underage possession of alcohol charge with no evidence?

Get Legal Help Today

 Secured with SHA-256 Encryption

What to do about an underage possession of alcohol charge with no evidence?

We are charged with theft by taking and underage possession of alcohol. We were arrested in the bathroom of a bar, but had no drinks in our hands. We were not breathalized or anything to make sure we were actually drinking. We weren’t even asked if we had been drinking; it was simply assumed. We were placed in handcuffs and in the back of a police car, although, we weren’t read our Miranda rights. We didn’t confess to the crime though. We were caught with the stolen property in the bathroom. We were not asked questions or anything. Should these charges still stand? We also both had fake ID’s, but we are not being charged with having those though.

Asked on July 31, 2011 Georgia

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

First of all, I'd more concerned about the theft charge. That having been said, the MIP (minor in possession) stems from the fact that you had false ID for the purposes of obtaining alcohol; my understanding is that in GA this counts as an MIP. As to your Miranda rights, it is a popular misconception that you be read these rights automatically upon arrest. This simply is not the case. You only need to be right the Miranda warning if you are arrested (in custody) and you are then questioned. As long as you are not questioned the right to a warning is not triggered.

Bottom line, you are in a lot of trouble. Do yourself a favor and get a legal representation. Retain an attorney who specializes in these type cases. They can best represent your interests. Possibly there was some procedural impropriety that would apply. The consequences of a conviction can affect your license, college admissions, eligbility for student loans, and employment, etc.

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

First of all, I'd more concerned about the theft charge. That having been said, the MIP (minor in possession) stems from the fact that you had false ID for the purposes of obtaining alcohol; my understanding is that in GA this counts as an MIP. As to your Miranda rights, it is a popular misconception that you be read these rights automatically upon arrest. This simply is not the case. You only need to be right the Miranda warning if you are arrested (in custody) and you are then questioned. As long as you are not questioned the right to a warning is not triggered.

Bottom line, you are in a lot of trouble. Do yourself a favor and get a legal representation. Retain an attorney who specializes in these type cases. They can best represent your interests. Possibly there was some procedural impropriety that would apply. The consequences of a conviction can affect your license, college admissions, eligbility for student loans, and employment, etc.


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