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My daughter was caught at an underage drinking party she is…

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My daughter was caught...

My daughter was caught at an underage drinking party she is 19 and in college at the university of new England in Biddeford maine they did not give her a breathalyzer just an eye test she was not drinking but with her friends but she still has to go to court what could happen and what should she do?

Lawyer's Assistant: Because education law varies from place to place, can you tell me what state this is in?

Maine

Lawyer's Assistant: Have you talked to a lawyer yet?

No

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

She is a straight a student and usually very responsible

Submitted: 7 months ago.Category: Criminal Law
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Answered in 1 minute by:
11/27/2017
Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 7 months ago
Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 31,306
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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Hi,

I'm Zoey.

I've reviewed your post and am working on your response.

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Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 7 months ago

It's entirely possible that when your daughter comes to court, the state will drop the charges against her, but I can't guarantee that. The fact is, she is only 19 and therefore had no lawful business at a party where alcohol was acessible.

Underaged drinking offenses are strict liability crimes. Additionally, there is such a thing as constructive possession. That is, she doesn't have to be found drunk or in actual physical possession of the alcohol to get charged with being a minor in possession. It is enough that it was available to her and that she could have taken custody and control of the alcohol in the room.

That said, sometimes the state will drop the charges against those not breathalyzed or in actual physical possession. If not, however, the chances are very high that she'll be able to come out of this without a criminal record, whether the prosecutor dismisses this case or not. There are special diversion dispositions for low-level offenses of this sort whereby the defendant will get placed on probation, will be expected to pay fines, do some community service, take some anti-alcohol classes and stay out of any further trouble with the law during the supervisory period. But to ensure that this comes out the way it should, it is best that she have a lawyer with her when she comes to court.

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Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 7 months ago

Just checking in to see if you need more help or any clarification of my answer. If so, please reply here on this question thread.

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