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Jack R.
Jack R., Lawyer
Category: Criminal Law
Satisfied Customers: 6147
Experience:  OHIO//Texas Attorney Civil/Crimnal Practice
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My 15 year old son was at a party with 12 other kids. The

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My 15 year old son was at a party with 12 other kids. The mom who owned the house wasn't home--she was in Florida. The mom and dad are divorced and he lives about 2 miles away.

There was clearly booz at the party. The police came to the home at the request of the neighbor who was told that if anything looked like a party at her house while she was gone to call the cops. Which She did. The police are claiming that my son (who did not have a beer "in his hand when the police came into the house) is being charged with Minor In Possession" due to the presence of empty beer can in the house. No Breathalizer was taken and the police did not state that my son was in possession of alcohol per se.

Does this all sound right? What will happen from here?

Under current Missouri law, a minor in Missouri may be arrested for, charged with and convicted of MIP even if he or she is not in actual possession of any alcohol at the time of the arrest. You can challenge the arrest but any consumption at all would mean a conviction, as well as any handling of a beer. The fact alcohol was present and you son was present puts the burden on you to prove somehow he was not involved with the activity. Very difficult given he was at the party by choice. amd could have left.

 

If you son can stay out of trouble, Missouri MIP law allows a minor who has pleaded guilty or found guilty of MIP for the first time to obtain an Court ordered expungement of all official records of his or her arrest, plea, trial and conviction.

 

You need to impress upon your son he cannot be arround such contraband until he is of legal age.

 

 

All comments are provided for informational purposes only. A local attorney should be contacted for specific legal advice.

 

 

Customer: replied 7 years ago.

Not to be beligerent at all, but if he is asked straight up by the judge if touched or consumed alchol can he move toward a 5th amendment rights claim.

As an fyi we impress upon him that he should not be drinking alcohol. Also, we do not store alcohol at the house so as not to tempt him.

Did I say something wrong?

 

Yes he can decide not to testify, and the court can decide to find him guilty based ion the presented evidence and testimony of others present. If your son presents no defense, the police officer's testimony, and the otehrs at the party stand uncontroverted. A judge will not take your son' silence one way or another. He can plead not guilty. It is the state's burdebn to prove his guilt.

 

All comments are provided for informational purposes only. A local attorney should be contacted for specific legal advice.

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