Alcohol & Drugs: MIP, MIC, Intoxication Innocent teenagers with alcohol MIP

[pleasehelpmeout]

My youngest brother is unfortunately the most irresponsible of all of us. Last week while he was out with his buddies in college in northern NJ, he received a summons for a "minor in possession of alcohol." He's 19 and was at a party on campus where alcohol was available and probably through upper classmen. The party was raided and he was asked for identification and he was given the summons.

Now I understand his position but I still think he is a fool for not accepting that the law is the law. He says that the school knows about it and allows these parties all the time. It's really tough to fit in so he decided he would just hold a drink, not actually drink alcohol, just to appear to be like one of the guys. I know he's not a drinker even though I question whether he didn't really drink that beer. But he thinks it's not fair or proper to have these parties go on and then he is singled out and gets a summons and feels like it's entrapment. If anyone should be ticketed, it should be the organizers and not him who is the least offender of all just holding a half cup of beer.

He's not sure what to do and I don't know what to tell him. He probably should get a lawyer but it is expensive. I don't know how seriously these things are taken and it seems minor. But I don't know if this is a criminal matter or a civil matter and I don't want my silly brother to have problems later in life not making the right decision. He's 19 and should not be around alcohol although I understand his position. Anyone have any ideas?

 

[army judge]

Your brother (yeah, right) has no valid legal defenses.

A minor is not allowed to hold alcohol or have it in his/her possession.

He should plead not guilty at his court date, ask for a court appointed lawyer, and work with that lawyer to make this go away.

If he plays Perry Mason he'll hang himself.



Yes, this is a criminal matter.


It will one day harm his chances at decent employment, which I assume is why he's in college.

 

[pleasehelpmeout]

Actually this really is my brother. I am not a minor. I agree with you that he can't have it, hold it and he was stupid enough to think that since everybody does it that it is OK.

I think you are right. He needs to have at least the court appointed lawyer. It's not that he's stupid but he's like a lot of youth right now and they feel like if the law should be some way then the judge will see it that way. I reminded him that even if you THINK pot should be legal, IT ISN'T. If you get caught, the judge isn't going to care about changing the world in his courtroom.

I am just happy that he wasn't caught drinking it. I asked him what happened and he said the cop asked him if it was beer and he said it was and he got a summons. They didn't ask him if he drank anything or if something else happened like he was moving it from one place to another to prevent it from spilling during the raid. I told him that any lawyer would be better than him talking his way out of it. You are right. He wouldn't know how. Hopefully he will be lucky and be able to get some plea deal where it will be dismissed if he behaves and he will have learned his lesson without being too painful. Thanks a lot. I appreciate the response and it could make a big difference to a young person who has amazing potential but thinks he knows more than he does.

 

[mightymoose]

What happened to the other half cup of beer?

 

[pleasehelpmeout]

I never really pressed him about it. He seemed to be telling the truth that he wasn't really drinking. He didn't think of not saying anything to the cop because it was beer in the cup. He told me he would have taken a sobriety test but I don't think that is the issue. Overall hes a good kid. I think he was in the wrong place wrong time and was a little too liberal trying to act cool. I really dont think that he should pay a serious price for this. He only had a cup in his hand at a party. I worry because something like this seems so harshly punished. Having a cup of beer is not the same as drinking it or bringing it to minors and this could affect his life for something so small. I read every day about these minor drug charges that get dismissed and this seems so stupidly small in comparison.

 

[archard21]

OK, I'll aks the obvious. Why didn't he just toss the cup when he saw the cops?

 

[Michael Wechsler]

OK, I'll aks the obvious. Why didn't he just toss the cup when he saw the cops?

Who knows? Perhaps surprised or perhaps thinking there was nothing wrong with holding a cup of beer if you aren't drinking it. I remember when I was back in college (and I was not a drinker.) I had no idea that holding a cup of beer was against the law. I thought that only purchasing and drinking was illegal. Who knows? Perhaps the kid was actually innocently holding a cup of beer. If there is no police notation that the kid smelled of alcohol or had any other symptoms, he could have been telling the truth and a judge or prosecutor will dismiss the charges.