When you are young, you tend to be carefree. You may want to live in the moment and have tons of fun with friends. This fun may come in a variety of ways, however, every choice of “fun” you make is not necessarily a good one. This is the case when you choose to consume alcoholic beverages when you are not of age to do so. Though you may be enjoying your time as a young adult, if you are caught with an alcoholic beverage and you are underage, the consequences that you will face can follow you throughout the rest of your life. Because of this, it is important that if you find yourself in this situation to seek legal advice and representation. If you or a loved one is seeking information in this area, it is in your best interest to contact an experienced Brevard County juvenile law attorney so that we can strategize about the best possible outcomes for your situation.
Underage Possession of Alcohol
In Florida, if you are not 21 or older then you are not allowed to consume nor purchase alcoholic beverages. The underage possession of alcohol, which is considered a minor or any other person under the age of 21, is considered a second degree misdemeanor which results in a maximum of 60 days of jail or six months of probation, and a $500 fine upon the first conviction and considered a first degree misdemeanor upon any subsequent convictions. Governed under Florida Statute Section 562.111, this law pertains to any alcoholic beverage, including wine, liquor, as well as mixed drinks and the possession can be actual or constructive. Actual possession of an alcoholic beverage means that the alcoholic beverage was found on the person of the minor or was within the control of the minor. Constructive possession only requires the state to find that the alcoholic beverage was within the control of minor or in an area in which the minor controlled and that the minor had knowledge of the presence of the alcoholic beverage. It is important to seek legal representation and advice if you find yourself in this situation because an attorney can help you determine whether you have defenses applicable to your case. Some defenses that may be applicable to your case are lack of knowledge of the alcoholic nature of a beverage; non-alcoholic beverage; as well as non-control over the beverage, to name a few.
Need Legal Advice?
When you are charged and convicted with underage possession of alcohol, you will receive certain consequences and you will also obtain a criminal record. This criminal record can follow you throughout your life affecting both personal relationships and professional relationships, alike. Because of this, seeking adequate legal advice and representation is invaluable to your case because an attorney can help you evaluate your claim and seek possible defenses on your behalf. If you or a loved one has been charged with underage possession of alcohol, it is in your best interest to contact an experienced juvenile law attorney at Henderson Legal Group to help you with your case. Contact our office today for a free consultation!