Generally, to have your minor in possession charge expunged from your criminal record, you must resolve your case in one of the following ways:. As mentioned above, if you represent yourself, you will be required to attend a Pro Se court setting where you will negotiate directly with the municipal prosecutor. Normally, this prosecutor will make you an offer of paying the fine or going to trial. Unfortunately, most prosecutors see this process as a numbers game, and they are only interested in you taking their plea deal and paying the fine or they may choose to force you into a trial where you represent yourself.
Although courts vary on their procedures, you can expect that if you hire a criminal attorney to represent you on your charge, the case will be moved to an attorney docket. The first court setting at an attorney docket will allow your criminal defense attorney to speak on your behalf and work to negotiate a possible dismissal or plea offer.
Depending upon the court rules, you may be required to attend the court settings. If you are required to attend, you will enter the courtroom, check in with the bailiff so that they know you are present and on time and then take a seat to wait for your attorney to work on your case.
If a favorable resolution is not received at your court date, your criminal attorney has a right to set your minor in possession of alcohol case for a jury trial.
During the time leading up to your jury trial setting, it may be possible for your criminal lawyer to negotiate a dismissal. Many times, courts are only able to try one or two cases at a trial setting and if your police officer does not show up for the trial setting, the case is likely to be dismissed. Brandon Fulgham has an in-depth understanding of both Texas law and Texans themselves. Now, he uses that knowledge to protect the rights of people in and around Fort Worth, making sure they receive the strongest possible defense when they find themselves on the wrong side of the law.
Fort Worth, Texas Hit enter to search or ESC to close. No Comments. Texas Minor in Possession Laws The Texas Alcoholic Beverage Code prohibits the following activities for those under the age of Purchase of alcohol Attempt to purchase alcohol Consumption of alcohol Possession of alcohol Driving or operating watercraft or motor vehicle while under the influence of alcohol Misrepresentation of age This law essentially prohibits a minor from making any contact with alcohol.
Touching alcohol Holding alcohol Consuming alcohol Transporting alcohol While a minor can lawfully be in proximity to a legal consumer of alcohol, he or she cannot have constructive possession of the alcohol. If the minor is in the visible presence of a parent, legal guardian, or spouse, the law will not apply. Another exception is possessing alcohol within the scope and course of employment if the employer follows regulations.
A minor is also allowed to purchase or possess alcohol if supervised by a peace officer who is enforcing minor in possession laws. For the purpose of determining whether a minor has a prior conviction, an order of deferred adjudication for a prior offense is considered a conviction! The court shall require a convicted minor who has not been previously convicted to attend an alcohol awareness course approved by the Texas Commission on Alcohol and Drug Abuse.
If he has been previously convicted, the court may require him to attend the course. If not guilty of M. Prepare for your defense at a bench or jury trial. Ask the court clerk to issue subpoenas for those witnesses necessary for your defense. Seek the advice of an attorney prior to trial. The offense of Minor in Possession prohibits persons under the age of 21 to not only possess alcohol but also consume alcohol and have any amount of alcohol in their body.
The law prohibits the attempt to possess or consume alcohol by an underage person as well. There are three primary ways that police enforce this law. Charged with underage drinking in Michigan?
Facing DUI charges? Unhappy with your current attorney? Request a free consultation now. But what if that six pack is located in the back seat of a car with several people present? Constructive possession means that a person had knowledge of the alcohol and had the ability to take actual possession of the alcohol.
Therefore to prove that the passenger of the vehicle had possession of the six pack located in the back seat the police would have to prove that, not only that the passenger knew the beer was there but that they also had the ability to take possession of it where it was found. If the beer was in a place that was inaccessible then constructive possession cannot be proven. Remember proof of knowledge of the beer located in the back seat must be proven as well. The theories of actual versus constructive possession apply in all different factual circumstances like in a home, or a park.
The handheld preliminary breath test PBT is used by police frequently to discover teenage drinking or determine if a person under the age of 21 has been drinking alcohol. Another program is deferred prosecution, also known as deferred disposition or deferred adjudication.
This type of program is for low-risk juvenile offenders who have committed a first or second offense. In this program, the juvenile completes various requirements within a certain time period, such as community service, complete alcohol awareness courses, urine testing and counseling.
Once the juvenile has successfully completed the requirements, the charges are dismissed. Contact Law Offices of Richard C. McConathy today for a consultation if your child has been charged with possessing alcohol in Dallas County, Texas. Richard McConathy is an experienced attorney in Dallas for DWI will make every to help your child avoid the most serious penalties and repercussions to their alleged offense.
Back to top When a Minor Can Possess Alcohol in Dallas In certain circumstances, a minor can possess an alcoholic beverage without fear of prosecution.
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