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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"Everything with my experience has been far and above."Everything with my experience has been far and above. But the kindness and being treated with such respect has meant so much to me.Former Client
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"He Was Successful in Attaining That Goal!"Mr. Gigstad was very upfront and accessible to us and performed his duties with a positive outcome for all parties. We had a game plan going into this venture and he was successful in attaining that goal. He represented both myself and my son and was very fair on his fees.Randy
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"Mr. Gigstad Has the Honor and Integrity That Much of the Judicial System Is Missing"Mr. Gigstad has the honor and integrity that much of the judicial system is missing. I would recommend him to anyone!Aaron H.
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"Robert Gigstad Was Extremely Helpful and Thorough in Handling My Case"I got an MIP and Fake ID charge in Lawrence and Robert Gigstad was extremely helpful and thorough in handling my case. He always got back to me in a timely manner and kept me informed throughout the whole process, I got diversion for both charges so they will not be on my permanent record.Kelly
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"He Was Very Professional and Addressed My Problem in a Timely, Cost-Effective Manner"Two thumbs up! I sought Mr. Gigstad's services for my driving infraction. I contacted Mr. Gigstad and heard back from him that very day. He was very professional and addressed my problem in a timely, cost-effective manner. I trust him completely and highly recommend him!Kelly
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"Extremely Responsive, Straight Talking Attorney That Carries Himself like None I Have Ever Used"Extremely responsive, straight talking attorney that carries himself like none I have ever used in the past. Treated me like he was providing a service, rather than doing me a favor by taking my case. Gave me his opinion of my case and his recommendation on how he would approach it but let me make the final decisions. In the end he negotiated a deal with the prosecuting attorney that was better than I thought possible. Zero jail time and minimum fines totaling $250(maximum was $2500). Now, 6 months later he was able to get all of my remaining probation time terminated for good behavior. During that time he also helped out with a lease agreement for a rental property, and a bid contract. Considering the level of service I received and the results I got, in the future I won’t use anyone else.Criminal Defense Client
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"Would Highly Recommend Robert to Others"I was facing a second DUI and was very much dreading the impact this would make on my professional career and near future goals. Robert walked me through each part of the process and made sure I understood what to expect through the court process. He was very professional and made sure that no stone was turned. The end result, unbelievably was my charges were all dismissed. He was able to find an important information that lead to the dismissal. Would highly recommend Robert to others.Happy Client
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"Robert Was Able to Handle Our Case with the Utmost Professionalism and Discretion"Robert was able to handle our case with the utmost professionalism and discretion. He took the time to outline any and all appropriate courses of action, demonstrating what I viewed as a superior consultative prowess. I was very appreciative of his aid, and would highly recommend him to my family and friends.Adam
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LICENCE NOT SUSPENDED A.H. V. KANSAS DEPARTMENT OF REVENUE
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LICENSE NOT SUSPENDED. A.M. V. KANSAS DEPARTMENT OF REVENUE
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DRIVER'S LICENSE NOT SUSPENDED. A.M. V. KANSAS DEPARTMENT OF REVENUE
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LICENSE SAVED B.B. V. KANSAS DEPARTMENT OF REVENUE
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NOT GUILITY C.C. V. M.B.