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Samuel II
Samuel II, Attorney at Law
Category: Criminal Law
Satisfied Customers: 27010
Experience:  Handle criminal matters in both state and federal courts.
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My daughter had a get together saturday night. Some of the

Customer Question

My daughter had a get together saturday night. Some of the kids drank without my permission. It was my alchohol that I bought for the SuperBpwl party we were having the next day. When I discovered they were drinking I flipped out on them but, I didn't call their parents. A little later in the evening, they got into it again and one girl drank enough that I felt the need for her to go to the hospital cause she was throwing up and wouldnt wake up for us. I know I am in trouble but, I am trying to determine how much and should I get an attorney?
Submitted: 8 years ago.
Category: Criminal Law
Expert:  Samuel II replied 8 years ago.



so tell me what happened? did you take her to the hospital? parents called by you or hospital? have you been charged with a crime at this point? how is the minor?

Customer: replied 8 years ago.
I was in the back yard sitting by the fire pit while kids were sledding and snowboarding down our back hill. This was after I had caught them drinking and flipped... I was outside for about 2 hours but, kids were in and out and I thought everything was fine till one came out and said she needed help. Alyssa had "passed out". I came in the house and checked on her and was ticked but, I didn't think she was really bad and I needed a few minutes to think of what to do so I went back down and cleaned up the kitchen area a bit and thought I would check on her again - make the rest of the kids come in and then go lay in my bed and watch tv. When I went back upstairs I heard "help me she is puking"... well.. that was it - I went back over and she was a mess. We took her over to the bathroom to clean her up/shower her off and strip the bed. While in the shower she was just dry heaving and she wouldnt stay awake. I got scared and called both her grandparents and 911 both. Her parents were in Florida on a vacation and she was staying with her grandparents. The ambulance came and took us to the hospital where her grandparents met us. She got an IV and was fine the next morning and went home with the grandparents. The state police interviewed me at the hospital and apparently she has a meeeting with them sometime this week. I was told by the officers that providing alchohol to minors was a misdemeanor and that I could be fined 1000.00 for each kid that was drinking. I was the only adult therefore, whether they had permission or not didn't matter - I am considered to have been a provider of it. The kids knew I had alchohol but they also knew that it was for my Super Bowl party and I would never give them permission to drink - I try to be a mom that kids can talk to but I also try to show them the right things to do and underage drinking isn't right.
Expert:  Samuel II replied 8 years ago.



yes, it is a misdemeanor 3rd degree - and it does carry a possible one year penalty along with the $1000 fine - and it leaves you with a criminal record. you also are subject to possible civil proceedings if the parents decide to file a lawsuit against you for whatever injuries their daughter might have incurred.


now, there are a few things - first, the law reads "knowingly" meaning that you had to have knowledge that they were drinking - of course, a local attorney is going to be able to help you with that


second, PA does hold minors accountable for their behavior - so this youngster should also be charged with consumption and the penatlies are very stiff for her - no driver's license at age 16 - or suspension of her license if she already has one, community service and probation.


so, you might want to consult with a local lawyer and see what he can do about your knowledge of the behavior and to help ease the blow of the fines and to definitely make sure that you dont do any jail time - possible suspended sentence and probation. but therein lies the criminal record.


Customer: replied 8 years ago.
So there is a chance that I could possibly go to jail for up to a year for this? I never gave them permission to drink! They did it and when I found out - I wasn't very nice! Then they did it again and that was when it went from really bad and awful to extreme and frightening! This is terrible!
Expert:  Samuel II replied 8 years ago.



it is part of the penalty on the books. will they do that to you? i cant guess. it depends on how hard they want to come after you - i have seen situations where the court and prosecutor have wanted to send a message and have put the parent in jail, even if for a short period and suspended the rest - like 1 year suspend all but 90 days or something like that


you asked if you should have an attorney and i am making you aware of the possible penalties and other consequences.