Officers stopped a driver for speeding and saw a twelve-pack of beer in plain sight. Both the driver and passenger were under the legal drinking age of 21. The defendant claimed he received the beer from a friend who was moving. Additional alcohol was found in the subject’s backpack. Officers charged the defendant with possession of alcohol by a minor.
Possession of Alcohol By a Minor
Possession of alcohol by a minor under the legal drinking age of 21 is considered a misdemeanor in the second-degree. An alcoholic beverage is considered to be beer, liquor, wine, spirits, or mixed drinks.
Penalties for this offense include up to 60 days in jail, six months probation, and a fine of $500.
Diversion programs have been created in Florida to avoid criminal prosecution. A diversion program will have specific requirements that must be fulfilled in order to complete the program. Once the program has been completed, the charges will be dropped.
There are many different kinds of diversion programs for minors, including the following:
- Community Arbitration
- Juvenile Alternative Services Program (JASP)
- Teen Court
- Intensive Delinquency Diversion Services (IDDS)
- Civil Citation
- Boy and Girl Scouts
- Boys and Girls Clubs
- Mentoring programs
- Alternative Schools
There are a variety of requirements that these programs may have in order to have the charges dropped for a crime, including the following:
- Paying all fines and restitution
- Community services
- Staying away from others that are not good for a person
- Substance abuse classes
- Driver’s license suspension
- Mental health counseling
- Referrals to local social services
There may be other types of classes that are offered that could be beneficial to the person. These might include anger management classes or social skills classes.
Musca Law Firm
If you have been charged with possession of alcohol by a minor, it is in your best interest to obtain legal services. Here at Musca Law Firm, we have successfully handled many cases like this. Our attorneys are top-notch when it comes to the law and will fight for your rights. We believe in second chances. Our goal is to find a solution that works for you. We will do this by developing a strong defense that will highlight the weaknesses of the prosecution.
Our law firm has extended evening and weekend appointments as we know that 9am to 5pm does not always work for everyone. Musca Law Firm serves all of Florida with various offices located in different cities across the state. We have an answering service 24 hours a day, 7 days a week for your convenience. Please call us today at (888) 484-5057 to schedule your free no-obligation initial case consultation with one of our highly-qualified attorneys. We look forward to meeting you and serving you!
RESULT: The Musca Law defense attorney successfully negotiated with the prosecution to allow the client to be entered into a diversion program. The attorney arranged for the State to DROP all of the charges after the client completed the program requirements!