Criminal Defense Lawyers
Specializing in DUI
A Massachusetts charge of minor in possession of alcohol, or minor transporting alcohol, may not be a very serious crime, but the long term affects and collateral consequences can be significant if your case is not handled properly. For example, while a conviction for this offense is only punishable by a fine, the RMV will automatically suspend your driver’s license for 90 days, which will likely increase your insurance premiums. As a young adult, your main concern is probably trying to prevent a criminal conviction which will stay with you for life. I will help you decide the best way to handle your minor in possession case. I have handled several minor in possession of alcohol cases, and whether it’s by working out a deal or taking the case to trial and winning, none of my clients has ever been convicted of this charge.
There are several legal defense strategies I can employ on a minor in possession of alcohol case. If this is a first offense, I may be able to work out an arrangement to have the case removed from the criminal system and have you enter a “diversion program.” This program usually consists of some community service hours and alcohol awareness classes. If I can work out such an arrangement, the prosecutor may then agree to not only have the charge dismissed, but voided entirely, so long as you complete those conditions of the program. This has the practical effect of taking the case out of the criminal system completely, so that it will never appear on a background check in the future.
If the diversion program is not an option, there are several other possible ways to handle the matter short of a criminal trial or conviction. I have been successful at getting minor in possession of alcohol cases dismissed upon the performance of community service hours, an agreement to remain in school, or court costs. I often use my prior experience as a prosecutor to get creative with these deals in order to prevent a criminal conviction. If you do not have any prior criminal record, pre-trial probation is often a very favorable sentencing alternative when working out a deal.
Of course, you may simply be not guilty of being in possession of alcohol. If you were at a house party, and there was underage drinking, the police may have just decided to arrest every minor at the party. The police may be justified in making the arrest based on probable cause. However, to be found guilty, the prosecution must actually show that you were, at some point, in possession of alcohol. It is not enough to say that you were near alcohol, or around other kids who were drinking. Without evidence that you were in possession of alcohol, you are entitled to a finding of “Not Guilty.” During your free legal consultation, I will assess the strength of your case and give you my honest opinion regarding the likelihood of success at trial.
If you have been charged with Minor in Possession of alcohol in Massachusetts, contact my office for your free initial phone consultation, 24 hours a day, 7 days a week:
50 Milk St 16th Floor
Boston, MA 02109
Phone: (617) 830-2188