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!
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Testimonials
Client-Centered Legal Represntation
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"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.
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"Would Highly Recommend Him to Anyone!"Mr. Gigstad did an excellent job of taking care of several problems for me from start to finish. He handled it quickly, professionally and for a fair fee. Would highly recommend him to anyone.Bill
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"Mr. Gigstad Was Able to Help Calm Me down and Get Everything Worked out for Me with My DUI"I was freaked out when I came to him, but Mr. Gigstad was able to help calm me down and get everything worked out for me with my DUI. I hope I don't get in trouble and need him again, but I would gladly recommend his services.Davis
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"I appreciate all of his expert help making the most out of a bad choice & bad situation."Chris was great from the start! I made a bad judgement call to get myself into the position I was in, and I needed help to rectify the situation & move forward. I am completely inexperienced when it comes to the law & proceedings. Chris was professional, supportive, and just - HANDLED everything. I appreciate all of his expert help making the most out of a bad choice & bad situation. There is so much additional sleep I could have lost at night if I didn’t trust Chris to guide me in the decision making and achieve the best possible outcome. I highly recommend Chris!Happy Client
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"Top Notch Job! Mr. Gigstad Did an Excellent Job"javascript:void('Save')Bill
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"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
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"Robert Gigstad Did a Great Job Helping Me out"This was the first time I needed legal advice. Robert Gigstad did a great job helping me out. He walked me through everything and was always available the entire time. I highly recommend Robert Gigstad.Tyler
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"Robert Gigstad Is a Good down to Earth Attorney"Robert Gigstad is a good down to earth attorney. He helped my daughter with her case which included transporting and open container and a DUI. He was very reasonable on the cost too which we were extremely thankful.Anthony
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