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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Chris was great from the start! I made a bad judgement call to get myself into the position I was in, and I needed help to rectify the situation & move forward. I am completely inexperienced when it comes to the law & proceedings. Chris was professional, supportive, and just - HANDLED everything. I appreciate all of his expert help making the most out of a bad choice & bad situation. There is so much additional sleep I could have lost at night if I didn’t trust Chris to guide me in the decision making and achieve the best possible outcome. I highly recommend Chris!Happy Client
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javascript:void('Save')Jeff
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Chris was upfront and honest about my situation, giving realistic predictions about the penalties I could expect. I didn't have to appear in court, he took care of court dates for me and helped me navigate my way through the foreign territory of getting a DUI. It was money well spent to not have to worry about missed steps or errors filing paperwork.Mel
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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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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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Robert was very helpful on my (2) Moving violations. He skilly negotiated both to parking tickets - neither are reportable to my insurance. He kept me informed during the important milestones of the process. I have no reservation whatsoever in recommending his legal services. Steve RichardsonSteve R.
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Robert was very easy to work with. He took care of my speeding ticket for a very reasonable fee and had the ticket amended down to a non-moving violation so no points against my drivers license or insurance rate increases. If you have a speeding ticket in the KC area that needs to be dealt with, I would highly recommend giving Robert a call.Mat
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My dad has used Robert for several moving violations in the past and recommended that I give him a call for a speeding ticket of my own. Robert was extremely helpful and great to work with. He successfully got my speeding ticket reduced to a non moving violation.Happy Client
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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.