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In, if a minor buys alcohol at a convenience store and

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In virginia, if a minor...
In virginia, if a minor buys alcohol at a convenience store and doesnt get ID'd, will the store or the minor face criminal charges?
Submitted: 2 years ago.Category: Criminal Law
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1/20/2016
Criminal Lawyer: Lucy, Esq., Lawyer replied 2 years ago
Lucy, Esq.
Lucy, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 32,264
Experience: Criminal Justice Degree, JD with Criminal Law Concentration. Worked for the DA and U.S. Attorney.
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Hi,

I'm Lucy, and I'd be happy to answer your questions today.

It is illegal for a minor to even attempt to purchase alcohol, so the minor can be charged with minor in possession even if the store did not ask to see ID. The crime was complete at the moment he put the alcohol on the counter and asked to buy it, before the clerk did anything. Code of Virginia, Section 4.1-305. It's a class 1 misdemeanor. If the minor has not previously been charged with a minor in possession charge, he may be eligible for deferred prosecution. That means he may be able to serve probation, attend treatment or an alcohol education program, pay a fine, and get the charges dismissed.

The clerk at the store could be charged with selling to a minor if he knew or had reason to know that the individual was under the age of 21. Section 4.1-304. This is also a class 1 misdemeanor. The store can avoid prosecution if they notified the state in good faith of the clerk's sale.

If you have any questions or concerns about my response, please reply WITHOUT RATING. It's important that you are 100% satisfied with my courtesy and professionalism. Otherwise, please rate my service positively so I am paid for the time I spend answering questions. If you are on a mobile device, you may need to scroll to the right. There is no charge for follow-up questions. Thank you.

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