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Category: Criminal Law
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Experience:  Criminal Defense Attorney
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My 20 year old daughter was at a tailgate party at her school

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My 20 year old daughter was at a tailgate party at her school campus she had a diet soda in one hand and was handing a can of beer from a cooler to one of her friends who is over 21 and legal to drink she was issued a PAPER FOR POSSESION OF ALCOHOLIC BEVERAGES AND HAS A COURT APPERANCE WHAT COURCE OF ACTION CAN BE TAKEN ORWHAT IS THE PENALTY AND WHAT ARE THE CHANCES IF WE FIGHT IT
Submitted: 5 years ago.
Category: Criminal Law
Expert:  LADYLAWYER replied 5 years ago.


Thanks for choosing! I look forward to helping you with legal information today.


The problem with under age 21 possession of alcohol ( FL statute section 562.111) is that it makes even having alcohol in your daughter's possession illegal. She does not have to be drinking the alcohol, she just has to have control of the alcohol.


Here's what you need to know about this charge:

  1. The crime is a second degree misdemeanor;
  2. If convicted of alcohol possession by anyone under the age of 21, you can receive a fine of up to $500, which does not include additional expenses for court costs or cost of prosecution;
  3. If convicted of under age 21 possession of alcohol you can be sentenced to up to sixty days in jail or six months probation; and
  4. For any finding of guilt the trial judge MUST revoke your driver's license for at least six (6) months although the court is permitted to revoke your driver's license for up to 12 months.

At this point, I would definitely recommend that you get her an attorney. While having a misdemeanor is nothing like a felony, it can still affect her future. These charges are often dropped, so you do have a good chance of fighting this if you get her an aggressive criminal defense law attorney. Please just let me know if you have any more questions. If not, please don't forget to click on the green accept button in the answer box so that I can receive credit for helping you. It is the only way I can receive compensation for my time and it will charge you nothing further to press accept. Thanks so much.

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