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 Was Excellent to Work with"Robert was excellent to work with. I have known him for many many years and he was very professional. He took care of me in a timely manner and also answered any questions I had.Lindsay
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"Amazing, diligent, and knowledgeable."Gigstad Law Office, LLC did an amazing job unraveling the situation around my case. They were diligent in fixing clerical errors before they became issues. Their advice and knowledge of the law were impeccable.Brandon
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"I Was Incredible Thankful for the Services I Received During My DUI Case"I was incredible thankful for the services I received during my DUI case. Not only was Robert responsive, helpful and efficient, he was very respectful to my time and communicated with me constantly. I could always count on if I sent him something I would know what to expect by the next day. Chris maintained an exquisite level of professionalism and tack when dealing with my case. I never once felt like he was treating me as just another case and would recommend his services to anyone.Brantley
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"He Is Very Adept at Guiding You to the Very Best Scenario for Your Particular Situation"I highly recommend Mr. Gigstad for your legal needs. He is very adept at guiding you to the very best scenario for your particular situation. He helped my husband and I with a case that would have required us to travel to Kansas had we not hired him. He made it possible for us to stay here in Florida as he went to all of our court appearances, negotiated so we would receive the lightest possible court penalties, including negotiating for the lowest fine that the court would accept. As a bonus, Mr. Gigstad is extremely reasonable! If you would like to get the best outcome for your case, hire Mr. Gigstad!Lindy
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"Great to work with!"Mr. Gigstad was upfront and professional about what I would be facing from the very beginning. He worked to help me understand the situation and found the best available outcome for me, considering. I would hope if I ever need legal representation again I would be in the hands of someone as professional and experienced as Mr. Gigstad.Former Client
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"Phenomenal from start to finish."I recently worked with the team at Gigstad Law Office, LLC, and I highly recommend them. Their expertise and experience were evident throughout the entire process. They were flexible with my schedule and thoroughly answered all my questions. They achieved a very positive outcome for my case.Kenia A.
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"Amazing since day one!"You and your team have been amazing since day one; I cannot thank you enough for the 'smooth process' and keeping my mind at ease throughout.K.V.
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"Took Care of Everything for Me"Took care of everything for me... I just gave him the paperwork. Pretty legitAaron
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DISMISSED STATE OF KANSAS V. J.M.
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DISMISSED CITY OF OVERLAND PARK V. H.C.
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Dismissal City of Gardner v. J.V.
First-time DUI dismissed after Attorney Josh Zarse highlighted significant issues in the case.
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Dismissed before Trial. State of Kansas v. G.E.
1st Time Drug DUI & Speeding. Dismissed before Trial.
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All Charges Dismissed City of Roeland Park v. B.T.