Is your child being charged with Minor in Possession of Alcohol?

Was he or she at a party where alcohol was served and charged with Minor in Possession?  In a vehicle where alcohol was found?  At a park where alcohol was being consumed?  Even if your child did not consume any alcohol, he or she may still be charged with Minor in Possession.  In order to move forward against the Defendant for charges of Minor in Possession of Alcohol pursuant to G.L. c. 138 s. 34C, the Commonwealth must provide enough evidence to establish probable cause that the Defendant is under the age of 21, and knowingly possessed an alcohol beverage.

It is insufficient to cite your child’s presence in proximity to the alcohol as enough to support the legal definition of possession.  Furthermore, even if we were to assume that your child was aware of the alcohol, proximity and knowledge do not establish possession unless they permit inference of control.  Control is a question of whether your child had both knowledge and intent to control that alcohol.  That control can be inferred from movements toward the alcohol or to conceal it, items on his or her person indicating an ownership of the alcohol, a blood alcohol content indicative of consumption and other actions taken that suggest more than mere presence.

In cases where this is your child’s first charge for Minor in Possession, he or she may be set up for a Criminal Clerk’s Hearing or Show Cause Hearing instead of a summons arraignment.  Based upon the facts of the case, your child may also be eligible for a program sponsored by the Essex County District Attorney’s Office that allows for your child to be diverted away from the formal court process.  If your child is eligible, he or she may be asked to complete a series of hurdles and once successfully completed may be able to effectuate a dismissal of this charge before any formal implication on a criminal record.  If your child has been charged with Minor in Possession, please contact Criminal Attorney Kristen Bonavita at 978-376-6746 for a free consultation.