Legal
Ask a lawyer and get answers to your legal questions
Connect one-on-one with {0} who will answer your question
Answered in 13 minutes by:
10/17/2009
RobertJDFL, Attorney
Category: Legal
Satisfied Customers: 21,564
Experience: Experienced in multiple areas of the law.
VerifiedThank you for contacting Just Answer.
It sounds like they may have been charged with providing alcohol to minors. This is a Class B misdemeanor in Kansas, punishable by a minimum fine of $200 and a maximum fine of $1,000. It is also possible that a person convicted receive up to 6 months in jail, though this is unlikely for a first offense.
Based on the limited facts you've provided and without seeing any other reports or documentation, it sounds like these tickets would be worth fighting, especially if the officers saw no alcohol, no one drinking, and didn't give any breath tests. It would appear they little to establish a case on, and all they saw was a group of kids having a party. Unfortunately, it is very common for officers to go around looking for houses where there are a lot of cars, then they will often look inside windows to try and determine if they can see anyone drinking alcohol. If so, they will attempt to gain entry and question individuals inside.
I would suggest getting a consultation from a local criminal defense attorney. Most will give you a free or low cost initial consultation, so that you can discuss the matter further and determine what defenses may be available to your son.
With the back-dated ticket, I think it's going to be your son's word against the officer's word. Honestly, I don't believe it makes much of a difference anyway, because the officer is still swearing that he witnessed a violation on the ticket. Certainly it be worth mentioning to a lawyer because there may be something in the Kansas criminal code regarding when such tickets must be written (i.e., perhaps the law provides that the citation is only valid if written the date of the alleged offense).
Whether they are entitled to lawyers depends on the nature of the charge. If the charges they are facing could result in jail, and they cannot afford private counsel, then they would be entitled to a public defender to represent them at all stages of the case, not just trial. If the charges instead carry only a maximum penalty of a fine, then there is no constitutional right to an attorney in that instance.
An officer needs either the consent of the owner/occupant of the house or probable cause to enter. Here it sounds like they had neither, but an officer can still write a citation saying that he witnessed through a window or while the door was open a minor drinking alcohol.
RobertJDFL, Attorney
Category: Legal
Satisfied Customers: 21,564
Experience: Experienced in multiple areas of the law.
VerifiedRobertJDFL and 87 other Legal Specialists are ready to help you
How JustAnswer works
Describe your issueThe assistant will guide you
Chat 1:1 with a lawyerLicensed Experts are available 24/7
100% satisfaction guaranteeGet all the answers you need
Related Legal Questions
My daughter works at a gas station that sells alcohol in WI.
My daughter works at a gas station that sells alcohol in WI. The policy or law is if someone looks younger than 30, then you card them. So it is a "use your own judgement" policy, right?… read more
Legal Eagle
Attorney
Doctoral Degree
89,928 satisfied customers
How often does Kansas stand your ground law hold up in
How often does Kansas stand your ground law hold up in court … read more
Mark
Attorney
Doctoral Degree
203 satisfied customers
HELLO. I AM IN NY. MY SON IS GOING TO ALLEN COLLEGE IN IOLA
HELLO. I AM IN NY. MY SON IS GOING TO ALLEN COLLEGE IN IOLA KS. THE OTHER NIGHT HE WAS IN AN AUTO THAT WAS PULLED OVER. HE WAS NOT DRIVING. THE OFFICER SMELLED ALCOHOL AND PROCEDED TO TEST ALL IN THE … read more
Zoey_ JD
Doctoral Degree
43,603 satisfied customers
hi last night i had a party for the ufc fight me my roommate
hi last night i had a party for the ufc fight me my roommate and 20 yr old friend were all at my 2and story apartment drinking and having a good time from about 8 to 12 around 1 there was a thud from … read more
Zoey_ JD
Doctoral Degree
43,603 satisfied customers
I am being accused of allegedly selling alcohol without a proper
I am being accused of allegedly selling alcohol without a proper license and permitting underage consumption a residence under my control by a police officer who never entered my residence, all allege… read more
Loren
47,577 satisfied customers
16 yr old male. went to end of summer party. Home at curfew
16 yr old male. went to end of summer party. Home at curfew 1130. Snuck back out went back to party in girlfriends car. Parents at the party house find party at 1230am. Homeowner kicks them out then b… read more
P. Simmons
Attorney
Doctoral Degree
47,998 satisfied customers
Can a minor be breathalyzed without be read his rights and
Can a minor be breathalyzed without be read his rights and then be given a minor in possession ticket. He was sitting on a porch at a cottage at the time of the infraction, not in a car and not with a… read more
Dave Kennett
Doctoral Degree
25,741 satisfied customers
My son was in a car that was parked in a grocery store parking
My son was in a car that was parked in a grocery store parking lot. The police pulled up next to the car. He had beer and there were other people in the vehicle. They were under 21. He is 24. He was a… read more
Isaac, Esq.
Attorney at Law
Doctoral Degree
53,476 satisfied customers
what rights do i have if a cop gives me and underage in my
what rights do i have if a cop gives me and underage in my own driveway if i didnt have any alcohal on my person… read more
Isaac, Esq.
Attorney at Law
Doctoral Degree
53,476 satisfied customers
5.am.,july 4th morning my 20 yr.old son and 2 ,19 yr. old girls
5.am.,july 4th morning my 20 yr.old son and 2 ,19 yr. old girls walking back to my house,stopped by a cop,You lost,no,Icansmell alchol,Son was 1.4 on breatherlizer,girls were 0.o1,and0.04,the cop give… read more
JB Umphrey
Attorney & Counselor
Juris Doctor
16,283 satisfied customers
Would we have a case to fight My son has been in trouble with
Would we have a case to fight? My son has been in trouble with underage consumption in the past, he went to court on June 22,2009 and never denied any charges. ( this was his 3rd charge and never deni… read more
Zoey_ JD
Doctoral Degree
43,603 satisfied customers
My 16 year old daughter wants to rent a bus and invite 25 friends
My 16 year old daughter wants to rent a bus and invite 25 friends under 18 to the beach for a day. As a parent, am I legally liable responsible should anything occur on the bus or at the beach?… read more
Daniel Solutions
Doctoral Degree
5,212 satisfied customers
Our daughter had a small gathering for the end of the school
Our daughter had a small gathering for the end of the school year. We have a farm and they were on our property. They were going to be spending the night in tents. Some of them brought alcohol and the… read more
MShore Law
Doctoral Degree
1,233 satisfied customers
I was recently caught as a minor in possession (I am 20 years
I was recently 'caught' as a minor in possession (I am 20 years old). My boyfriend was buying alcohol (he is 21) and then put the alcohol in the backseat. The cops came over and said that we could be … read more
MShore Law
Doctoral Degree
1,233 satisfied customers
I am over the age of 21 ik kansas, last night a friend who
I am over the age of 21 ik kansas, last night a friend who is 20 came to my house after she had been drinking. long story short she got into an arguement with her parents and the cops were called, she… read more
RBinJax
Juris Doctor
728 satisfied customers
My son is a senior. He was pulled out of class because
My son is a senior. He was pulled out of class because a teacher reported he smelled alcohol on his breath. He admitted to drinking two beers a 5 a.m. that morning before coming to school at 7:30 a.m.… read more
Guru_Guy
Doctoral Degree
1,634 satisfied customers
i threw a party for my 21st birthday, we had signs on ...
i threw a party for my 21st birthday, we had signs on the front door that said "18 to enter 21 to drink" we also checked id's and put armbads on everyone. the cops had to come and break up a fight and… read more
Wayne Jakalski
Juris Doctor
My son was to go to court because he was drinking at a
My son was to go to court because he was drinking at a house party in NH and under 21. Can the police just walk into the house if they get a complaint and can they insist they take a breatherlizer tes… read more
EsquireEmily
Lawyer
Doctoral Degree
490 satisfied customers
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service.
JustAnswer in the News:
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
What Customers are Saying:
Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!
Edmond, OK
My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.
Redwood City, CA
I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.
Wichita, KS
PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.
Houston, TX
Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!
Atlanta, GA
It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.
Apopka, FL
Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.
Michigan
< Previous | Next >
Meet the Experts:
Ely
Counselor at Law
24,699 satisfied customers
Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
JPEsq
Attorney
2,132 satisfied customers
Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor
LawEducator
Attorney
52,736 satisfied customers
JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
Infolawyer
Attorney
35,476 satisfied customers
Licensed attorney helping individuals and businesses
Ellen
Lawyer
8,261 satisfied customers
Providing information, not representation
Guillermo Senmartin
Lawyer
312 satisfied customers
Principal Attorney at Guillermo J. Senmartin, P.A.
Ray
Lawyer
23,402 satisfied customers
30 years in civil, probate, real estate, elder law
< Previous | Next >
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service.
