Minor in Possession of Alcohol
Turning to a Skilled Overland Park Criminal Defense Attorney
It is against the law for anyone under the age of 21 to consume alcohol. For this reason, minors commit a criminal offense when they have alcohol in their possession. While the term "minor" usually refers to individuals who are under the age 18, the term actually refers to all individuals under the age 21 as far as this Kansas statute (K.S.A. §41-727) is concerned. Minors who are found guilty of possessing alcoholic liquor or cereal malt beverages that are not authorized by law can be subject to certain penalties. Possessing alcohol means having the alcohol in one's control, whether it is in the person's hand, in his or her bag, in a pocket of his or her clothing, etc. A minor can be charged with this offense even if he or she possessed the alcohol but never consumed it.
It is important to realize that just because you are accused of this offense doesn't mean you necessarily have to be found guilty of it. If you or your child is facing these types of charges in the Overland Park, Kansas area, our Overland Park criminal defense lawyer can help you contest these allegations. Attorney Robert C. Gigstad is fully knowledgeable about Kansas' laws concerning alcohol possession by minors, as well as how to implement the best defense strategies in these cases.
Penalties for Alcohol Possession by Minors
The types of penalties you can receive for this offense depends on your age. If you are between the ages of 18 and 20, you can be charged with a Class C misdemeanor, which is punishable by a fine of $200. If you are under the age of 18, you are considered a juvenile offender and are subject to a fine of $200 to $500, upon adjudication.
In addition to these fines, the court can also issue any of the following consequences for the adult or juvenile offender:
- 40 hours of public service
- Completion of an educational or training program related to alcohol or other substances
- Driver's license suspension (30 days for first offense, 90 days for second offense and one year for third or subsequent offense)
Another negative consequence to consider is the fact that an adjudication or a conviction for minor possession of alcohol will go on the juvenile's or young adult's record. This could end up negatively impacting the individual when he or she wants to obtain a job or apply to college in the future.
Possible Defenses
At Gigstad Law Office, LLC, we can review the facts of your case and help you develop a defense plan that best fits your particular circumstances. There are various types of defenses that can be used in cases such as these. For example, your attorney might be able to show that you were not aware that the alcohol was in your control or possession (such as if someone else put it in your bag), that you did not know the beverage was alcoholic or that you had permission and supervision from your parent at the time of you possession. Parental permission and supervision is a valid argument in certain types of scenarios.
Obtaining the Legal Assistance You Need
In minor possession of alcohol cases, it is important that you obtain qualified legal counsel so that you can better safeguard your future or your child's future. Whether a minor was wrongfully accused or simply made a mistake and is looking for a second chance, our criminal defense attorney can provide you with high-quality legal representation. Our goal is to help our clients avoid convictions and adjudications, as well as the damaging consequences that come along with them. We also handle minor in consumption of alcohol charges.
Contact us to set up a free initial consultation!
-
What Our Clients SayOur clients share their stories about what happened and how we helped.
-
About Our AttorneysWe're here to protect your legal rights and defend your future.
-
Our FAQ'sYou Are Probably Asking Yourself Some Questions
Testimonials
Client-Centered Legal Represntation
-
"Robert Was Able to Get My Case Dropped"I had just had my second DUI and I thought I was in big trouble. Since it was a 2nd I thought I was definitely going to jail, but Robert was able to get my case dropped. I could not believe it!Casey
-
"Highly recommend"Robert was great and easy to work with! He made a stressful situation a breeze. I would highly recommend!Former Client
-
"Friendly, Reliable, and Professional"Chris was great! I was involved in a car accident at a stop light and was given a ticket for following too close. The girl I hit even said it wasn't my fault, however I was still given a citation. I contacted Chris to help me get my ticket reduced to a non-moving violation after several people told me it couldn't be done since I was involved in an accident. I provided Chris with all the details of the accident and he said he would take care of it. After a few exchanged emails, Chris attended my court date and got the job done! For a small fee, my ticket was reduced to a non-moving violation. I would encourage anyone to use Chris' services because he was friendly, reliable, and professional.Happy Client
-
"Amazing since day one!"You and your team have been amazing since day one; I cannot thank you enough for the 'smooth process' and keeping my mind at ease throughout.K.V.
-
"Robert Was Extremely Helpful and Efficient in the Way He Handled My Case"Robert was extremely helpful and efficient in the way he handled my case. Due to his hardwork and persistence he was able to get my DUI dismissed and I was only charged with a traffic violation. I highly recommend his services to anyone. BillyBilly
-
"Always Responded Back in a Timely Manner"Did a great job. Always responded back in a timely manner and was able to handle all cases to our satisfaction. Thanks.Terry
-
"Robert Assisted Me in Doing Something I Didn't Know Was Possible"Robert assisted me in doing something I didn't know was possible - finally putting a bad decision I made 14 years ago behind me. Although I appreciated his professional and respectful approach to his work, I hope I never need his services again. If I do however, I would not hesitate to call him.DUI Client
-
"Robert Is Professional and Made the Writing of My Will Easy and Painless"Robert is professional and made the writing of my Will easy and painless. He is professional and competitive. I will gladly recommend Robert and his services!Brian P.
-
DISMISSED STATE OF KANSAS V. J.M.
-
DISMISSED CITY OF OVERLAND PARK V. H.C.
-
Dismissal City of Gardner v. J.V.
First-time DUI dismissed after Attorney Josh Zarse highlighted significant issues in the case.
-
Dismissed before Trial. State of Kansas v. G.E.
1st Time Drug DUI & Speeding. Dismissed before Trial.
-
All Charges Dismissed City of Roeland Park v. B.T.