Police were dispatched to Club Ultra to observe people in line outside of the club, in reference to underage drinking. The Police report alleges that our client approached the police officers and appeared to be intoxicated. Observations had shown that he did not appear to be intoxicated. He did not appear to be 21 years old. Our client allegedly reported that there was underage drinking inside of the club, and that he had been kicked out. He had a water bottle hanging out of his back pocket that did in fact contain alcohol. Officers then arrested our client for possession of alcohol. It was also discovered that he possessed a driver’s license belonging to someone else who looked like him that was over the age of 21.
Possession of Alcohol Under 21
In the state of Florida, possession of alcohol under the age of 21 can be classified as a first or a second-degree misdemeanor. Alcoholic beverages can be defined as beer, wine, mixed drinks, spirits, and liquor.
The possession of the alcohol could be actual, which means the person has the alcohol actually on them. Or the possession may be constructive, in which case the alcohol was in a place where the person had control over it and knew that it was there.
Penalties for possession of alcohol under the age of 21 include up to 6 months of probation, 60 days of jail time, and a fine of $500. A second charge of possession of alcohol under the age of 21 will result in the first-degree misdemeanor charge with up to one year in jail, one year of probation, and a fine of $1,000. In either case, the offender will lose their driver’s license for 6 to 12 months.
There are many defenses to possession of alcohol under the age of 21. Perhaps you didn’t know that it was an alcoholic beverage? Or maybe you were holding the drink for a friend. If you were not read your Miranda rights or there was destruction of evidence, then the prosecution will not have a strong case. And if the prosecution can not prove that there was control over the beverage, that will make your case that much stronger.
Musca Law Firm – Attorneys For the People!
If you have been charged with possession of alcohol under the age of 21, you need assistance from a legal advocate. Musca Law Firm has been doing this work for years and wants to help you out. Our attorneys have over 150 years of combined legal experience. We will find the best possible solution for you in the courtroom after developing a strong and strategic defense and making aggressive negotiations with the prosecution.
We offer a free initial consultation to all new clients. Our phone lines are answered 24 hours a day, 7 days a week. We will fight for you and your rights. Please call us today at (888) 484-5057. We look forward to hearing from you!
RESULT: After entering a plea, our client receives No Conviction with minimal fines!