Did you come down to Florida for spring break and you’re the under the age of 21 and you received a criminal notice to appear for underage possession of alcohol? Do you realize that under Florida law, that’s a second degree misdemeanor pursuant to Florida statute 562.11?
You probably received some paperwork from the officer, either a Sheriff’s Deputy, police officer or someone from the Florida Alcohol and Tobacco Office. That paperwork allows you to make a payment, usually in the neighborhood of $200-$300 dollars. Payment of that citation/criminal notice to appear will result in you having a criminal record, commonly referred to as a withhold of adjudication.
Are there other options?
You might be asking yourself, “Are there any other options?” The answer is yes. By just making a payment and receiving a withhold of adjudication, your criminal case does not necessarily go away. It would only make you eligible to seal your record, which may come back to haunt you in the future.
What is a better option?
The other question you are asking yourself is, “What is a better option?” A better option is hiring a Sarasota criminal defense attorney and trying to get into a program called pre-trial intervention or pre-trial diversion. This is analogous to you driving down the roadway on the interstate and taking an exit rather than remaining on the interstate.
The point of taking an exit is to get a better result on your criminal case. That better result could mean that, ultimately, your case gets dropped. The only way a case would get dropped is if the state attorney’s office dropped the charge following successful completion of a program or they did not file the charges from the beginning.
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Pre-Trial Diversion Program
A pre-trial diversion program has to be recommended by the state attorney’s office. It is not administered by the state attorney’s office, but often through a third-party called-the probation department. The probation department is a wing of the court system and any sort of pretrial program will typically involve you paying some money, possibly completing some community service, and maybe even an alcohol prevention class.
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Pre-Trial Intervention Program
The advantage of successful completion of a pretrial intervention program is that the criminal charge will get dropped. That would make you eligible to actually expunge your criminal record. You must understand that in order to expunge your criminal record, you have to obtain a certain result on the underlying criminal case. If you get an adjudication withheld, which is the only option you will have following a scenario when you just pay the fine, then the case itself remains a part of the public record until such time that you exercise a sealing process through the Florida Department of Law Enforcement.
The better result of an underage alcohol case where you successfully complete a pretrial intervention program, is that you would be eligible to expunge your record. The expungement of your records mandates that every agency that has touched your file, including the state attorney’s office, the probation department, the clerk, and the agency that did the investigation, would be required to destroy their records.
From the initial call to updates on your case status, we are here to get you answers.
Why You Should Choose The Law Place
Choosing The Law Place to handle your underage possession of alcohol charge ensures you receive knowledgeable and dedicated legal representation. Our team understands the complexities of Florida law, including how to navigate the legal system effectively to achieve the best possible outcome for your case. We believe in exploring all available options to avoid long-term consequences on your record, such as seeking entry into pre-trial intervention or pre-trial diversion programs.
By working with The Law Place, you benefit from a team approach that combines extensive legal experience with a commitment to personalized support. We will thoroughly examine the details of your case, identify any potential defenses, and guide you through the process of potentially having your charges dropped. Our goal is to help you avoid the repercussions of a criminal record and make you eligible for expungement, ensuring a clear future.
Our attorneys are dedicated to ensuring that every client receives the attention and care they deserve. We understand that an underage possession of alcohol charge can be daunting, and we are here to provide clear, straightforward advice and aggressive representation. Contact The Law Place today to discuss your case and learn how we can assist you in achieving the best possible result.
What Happens When I Receive An Underage Possession of Alcohol Charge? FAQ
What constitutes underage possession of alcohol in Florida?
Under Florida law, the legal drinking age is 21. An underage person caught drinking or in possession of an alcoholic beverage can be charged with an underage drinking offense. According to Florida statute 562.11, this is considered a second degree misdemeanor.
What are the penalties for an underage drinking charge?
An underage drinking charge can result in various criminal penalties, including fines, community service, and possibly jail time. For a first offense, you may face a fine between $200-$300. Second or subsequent offenses can lead to more severe penalties, including potential jail time and increased fines.
How does actual possession differ from constructive possession?
Actual possession means having the alcoholic beverage physically on your person, such as in your hand. Constructive possession refers to having access to or control over the alcoholic beverage, even if it is not directly on you. Both forms of possession can lead to an underage drinking charge.
What is the impact of an underage drinking charge on my record?
A conviction for underage possession of alcohol can lead to a permanent criminal record. This misdemeanor criminal offense can affect future employment opportunities, college applications, and other areas of life.
Can my driver’s license be affected by an underage drinking charge?
Yes, underage possession of alcohol can result in a driver’s license suspension. The duration of the suspension can vary, but it is a serious consequence of being caught drinking underage.
What are the possible legal defenses for an underage drinking charge?
Legal defenses for an underage drinking charge may include lack of actual possession, improper search and seizure, or lack of probable cause for the arrest. Consulting with a criminal defense attorney can help you identify the best defense strategy for your case.
What happens if it’s my first offense?
If it’s your first offense, you may be eligible for diversion programs such as pre-trial intervention, which could result in the charges being dropped upon successful completion. This can prevent a permanent criminal record and make you eligible for expungement.
What are the consequences of a second or subsequent offense?
A second or subsequent offense for underage possession of alcohol carries harsher penalties, including increased fines, mandatory community service, longer driver’s license suspensions, and the potential for jail time.
How does a law enforcement officer determine possession?
A law enforcement officer determines possession through evidence of actual or constructive possession. This can include finding the alcoholic beverage on your person or in an area you control, such as a vehicle or personal belongings.
Can I face additional charges for other alcohol related offenses?
Yes, being charged with underage possession of alcohol can lead to additional charges for other alcohol related offenses, such as attempting to buy alcohol, using a fake ID, or public intoxication.
What is the difference between criminal prosecution and a civil infraction for underage drinking?
Underage possession of alcohol is a misdemeanor criminal offense, leading to criminal prosecution rather than a civil infraction. This means you face criminal penalties and a potential criminal record rather than just a fine.
What should I do if I receive an underage drinking charge?
If you receive an underage drinking charge, it is crucial to consult with a criminal defense attorney. They can help you understand your rights, explore potential defenses, and navigate the legal process to minimize the impact on your life.
Can a business that sells alcohol to an underage person face penalties?
Yes, a business that sells alcohol to an underage person can face serious legal penalties, including fines and potential loss of their license to sell alcoholic beverages. The penalties are designed to enforce strict adherence to alcohol laws.
How does underage consumption differ from possession?
Underage consumption refers to the actual act of drinking an alcoholic beverage, while possession refers to having control over the alcoholic beverage, either through actual possession or constructive possession. Both are illegal for underage individuals under Florida law.
What are the possible outcomes of a pre-trial diversion program?
Successful completion of a pre-trial diversion program can result in the dismissal of the underage drinking charge, making you eligible to expunge your record. This involves fulfilling certain requirements such as community service, alcohol education classes, and avoiding further legal trouble.
Why is it important to fight an underage drinking charge?
Fighting an underage drinking charge is important to avoid serious consequences, such as a permanent criminal record, driver’s license suspension, and the potential impact on future opportunities. Seeking legal advice can help you navigate the process and pursue the best possible outcome.
Could Drinking Underage in Florida Ever Be a First Degree Misdemeanor?
In Florida, underage possession or consumption of alcohol is typically charged as a second degree misdemeanor. However, if the underage drinking charge is accompanied by other serious offenses or if there are aggravating circumstances, such as providing alcohol to other minors or causing an accident while under the influence, additional charges could elevate the situation. While the underage possession or consumption itself remains a second degree misdemeanor, the combined offenses could lead to more severe legal consequences. For specific legal guidance, consulting with a criminal defense attorney is crucial.
Call a Criminal Defense Attorney Today for Help
If you came to Florida and received a criminal notice to appear for possession of alcohol under the age of 21, we encourage you to call our office today. We would like to discuss the particular facts of your case, any possible legal defenses, and options that will be available to you in hopes of getting the charges dropped.
Call and speak to a criminal defense attorney in a free consultation today at 941-444-4444.
