Minor in Possession of Alcohol in California - BPC 25662
In the United States juveniles are considered those who are under the age of 18 and are defined as minors. In juvenile cases the terminology and the laws are different in how they are treated. Business and Professions Code 25662 is California's “minor in possession” law and prohibits minors under 21 from possessing an alcoholic beverage in any public place.
In California, it's illegal for minors to possess or consume alcohol in any public place. In the context of alcohol consumption, anyone under 21 years old is considered a minor.
Additionally, a public place is described as any place outside of the home including public parks, restaurants, bars, beaches, among many other places. If a minor is observed consuming alcohol in a public place, they can be charged with minor in possession.
Minor in possession of alcohol is a misdemeanor offense, punishable by community service and fines. Since it's considered a misdemeanor crime, an “MIP” can impact a minor's criminal record and future. A minor's driver's license can also be suspended if they are convicted.
Therefore, due to the harsh legal consequences, it's important that a minor who has been charged with MIP, or the parent with a child who was charged with minor in possession to consult with a juvenile criminal defense lawyer as soon as possible.
If your teenage son or daughter has been charged with possession of alcohol - Call our juvenile crimes defense attorney to review the details.
Penalties for possession of alcohol can be serious and can result in a one year suspension of your child's driver's license in addition to large fines and up to a year in jail.
We are geared towards preventing your child from becoming entangled in the court system and work towards developing alternatives to the penalties dealt by the courts.
With a strong and effective legal team working on your behalf, our office can help your son or daughter get a second chance and avoid further problems with the law. Call today and schedule a consultation to learn how we can help you.
What are the Common Defenses?
There are a variety of defense strategies our lawyers might be able to use to defend against the MIP charges you face including:
- The minor didn't actually possess any alcohol – In some cases, we might be able to show the minor who did not actually possess alcohol and have their case dismissed
- The minor was delivering alcohol to some of appropriate age – This could happen if police cite a minor while they are making delivery of alcohol to a family member of another appropriate situation
- The minor was charged with possession of alcohol during an illegal search and seizure – This could happen if the police violated the rights by unlawfully conducting a search of the minor or property without probable cause
Retain a Juvenile Criminal Attorney
No matter what type of legal issue you and your child might be facing, such as drug possession or a sex crime, at our firm we have extensive experience in helping our clients understand the complexities of the juvenile court system.
We are committed in working with juvenile case officers, the police and judges to find the best solution for your situation. This could include attending counseling programs for drugs or alcohol that would help reduce the charges or sentencing you receive.
With the charge of possession of alcohol, our legal team can explore the alternatives to avoid having your child's license suspended.
Since any criminal charge and conviction can have very negative long term effects on a young person, I would encourage you to contact our office as soon as possible so your child can receive the legal representation they need.
Has your son or daughter been charged with possession of alcohol? At Cron, Israels & Stark we can offer you the legal representation you need to effectively handle the charge.