A Minor in Possession (MIP) is a criminal offense by law in the United States of America. It arises when an individual is caught in possession of alcohol before the legal age of 21. Minor in Possession is one of the most common reasons for arrest for minors in the United States of America. Thus, in an unfortunate case of possession, a Minor in Possession Law Firm Grand Forks ND can assist you with the best defense. As these offenses can remain on the individual’s permanent criminal record, it is essential to take charge seriously so that it does not cause any harm in the future. Minor in Possession Lawyers Grand Forks ND are highly qualified and shall assist you in protecting your reputation and future.
It can often be challenging to realize what it means by “in possession.” The Controlled Substances Act of 1984 describes three particular types of Minor in Possession ordinances, which are as follows:
- Actual Physical Possession: This situation occurs if the minor is physically holding an opened or sealed alcoholic drink in their hand.
- Possession by Consumption: This situation occurs when the minor has consumed an alcoholic beverage. In this case, the law enforcement officer doesn’t need to witness the minor consuming or possessing the beverage. This can be proved by a blood alcohol content or an officer testimony statement with a sobriety test.
- Constructive Possession: In this situation, a minor is deemed in possession, if alcohol is accessible to them in a setting that indicates that they may intend to drink.
As these ordinances can be tricky for minors, it is imperative that they get in touch with the Minor in Possession Law Firm Grand Forks ND.
Exceptions to Possession
Certain states have specific exceptions to the minor in possession laws that are denoted by state statutes. The exceptions for minors to possess alcohol are as follows:
- Alcohol possession or consumption under parental guidance or with a guardian in a private residence.
- Alcohol possession or consumption for educational courses
- Alcohol possession due to employment with a vendor that sells alcohol
- Alcohol possession or consumption in religious services and ceremonies
Making sure that defenses include these exceptions can heavily strengthen a minor’s case, and this is where Minor in Possession Lawyers Grand Forks ND can help you.
Consequences of Minor in Possession
If an individual is found to possess alcohol under the legal drinking age, they may be subject to punishment in various forms. These penalties depend on the state but include the following:
- Withdrawal of driver’s license (typically for 30 days)
- Admission to diversion or alcohol education programs
- Fine Payments
- Community Services
- Offense on the criminal record of the individual
- Risk of imprisonment
There are various factors that influence punishment. This includes the offender’s age, whether they are intoxicated when found in possession, their past history of unlawful behavior, and if they are first-time offenders.
Thus, the Minor in Possession Lawyers Grand Forks ND at Ward K Johnson firm can help in the following ways in the case of Minor in Possession.
- To assess if the minor’s acts violated the law or ordinance.
- Evaluate if your driver’s license is at risk and the ways in which it can be protected.
- If officers conducted an unreasonable search and seizure.
- Giving an accurate picture of your entitlement to defense in case of an accusation.
- Even if proved guilty, ensure that your criminal record remains clean by pleading for probation.
In the unfortunate case of being caught in possession, parents/guardians of minors should contact Minor in Possession Law Firm Grand Forks ND for the best outcomes in their ward’s favor. Our qualified lawyers will not only provide legal counsel to create a plan for them but also go to great lengths to restore the bright future of the minor.