Our Client entered a 7-11 convenience store and purchased 2 -12 packs of Busch Beer. Police were watching him during the transaction and approached him after he put the alcohol in his vehicle. After verifying his age, the police arrested the Defendant and charged him with Under Age Possession of Alcohol, a 2nd Degree Misdemeanor.
Under Age Possession of Alcohol
It is against the law in Florida for anyone under the age of 21 to possess alcohol, including beer, wine, liquor, or mixed drinks. In order to be charged with under age possession of alcohol in Florida, the person does not need to be holding the beverage. They only need to have knowledge that alcohol is in their possession.
Penalties for Under Age Possession of Alcohol in Florida
Typically, an under age possession of alcohol charge is considered a second-degree misdemeanor in Florida. A maximum of 60 days in jail can be given, six months of probation, and a $500 fine. The offender’s driver’s license will also be suspended for a period of 6 to 12 months. A hardship license could be granted to those offenders that are eligible.
As possession of alcohol under the legal age of 21 is a misdemeanor, it will be placed on your permanent criminal record. This can be very damaging to your future. Employment opportunities could be hindered as could potential educational experiences. Car insurance rates could skyrocket due to your charge of possession of alcohol under the legal age. Insurance companies can even drop you as a client if they desire to do so.
Defenses For Under Age Possession of Alcohol
There are many different defenses that skilled attorneys can use for under age possession of alcohol charges. These include:
- Failure to read Miranda Rights
- An inability for the prosecution to prove control over the beverage
- Lack of proof of knowledge
- Exclusion of evidence when the law enforcement detains the accused while lacking a probable cause to believe the accused is underage
Contacting Musca Law Firm
If you or a loved one has been charged with Under Age Possession of Alcohol, you need legal representation that will fight for you, advising the best course of action. Fast action should be taken to obtain these services. You should never plead guilty to under age possession of alcohol without speaking to an attorney.
Musca Law Firm has experienced criminal attorneys that are ready to defend you. We have a variety of defenses that can be used and have over 150 years of experience between our staff. We will be dedicated to your case to assist you in having the charges reduced or completely dropped. We can aggressively negotiate with the state prosecutor to work out different alternative options of penalties, such as community service or a pre-trial diversion program. As always, a consultation is free.
RESULT: After our Attorney waged an aggressive defense against the charge, the State Prosecutor DISMISSED the case.