Baton Rouge Minor in Possession Lawyer
Practice Areas
The Baton Rouge minor in possession lawyer group at The Law Offices of Ossie Brown helps defend juveniles facing charges related to underage possession of alcohol or controlled substances. Underage drinking offenses and juvenile offenses related to controlled substance possession are common criminal charges that many minors face, often resulting in significant consequences. Louisiana law also recognizes constructive possession, meaning minors could be charged even if the alcoholic beverage or substance wasn’t in their actual possession.
A criminal conviction for minor in possession charges in Baton Rouge can lead to penalties such as fines, community service, or even a permanent criminal record that could affect your child’s future into adulthood. The experienced criminal defense lawyer group at our law firm understands the serious implications of being charged with underage drinking or underage possession of alcohol or a controlled substance and provides personalized defense strategies.
Call 225-343-1111 to schedule a free consultation with our Baton Rouge underage possession lawyer group.
Charged With Underage Drinking in Baton Rouge?
Many high school students and underage college students may believe it’s not a big deal to consume alcohol or participate in underage drinking. However, underage possession of alcohol is a criminal offense in Louisiana. A criminal conviction for underage drinking or underage possession of an alcoholic beverage can have lasting effects on the future of the underage person.
If you have been charged with underage drinking or are facing minor in possession charges in Baton Rouge, you need an experienced criminal defense lawyer on your side to help ensure the best possible outcome.
Contact a Baton Rouge underage drinking lawyer from our law firm to see how we can help.
Louisiana Underage Drinking Laws
Under Louisiana liquor laws, it is illegal for anyone under the legal drinking age (21) to consume alcohol outside of specific exemptions. Illegal consumption of alcohol may result in a fine of up to $100 and possible license suspension.
A criminal defense attorney at our law firm will advocate for your rights and work diligently to minimize the penalties against you or your child.
Baton Rouge Minor in Possession Charges and Related Charges
In Louisiana, a minor in possession of alcohol applies to any underage person (under 21) who publicly possesses alcoholic beverages.
Public underage possession includes a juvenile in possession of alcohol in a public place. However, just like a minor can consume alcohol legally, exceptions to underage possession of alcohol exist, as well. In Louisiana, an underage person can possess or drink an alcoholic beverage for religious purposes, medical reasons, or when accompanied by a parent, guardian, or spouse older than 21.
In addition to minor in-possession charges, there are other criminal charges under Louisiana law that are very closely related to underage possession of alcohol.
Purchasing an Alcoholic Beverage for a Minor in Baton Rouge
Purchasing an alcoholic beverage for an underage person is a serious criminal offense. Even if the underage person uses a fake ID to attempt to purchase alcohol, the individual who furnishes the alcohol can face severe penalties. This applies to anyone, whether it’s a college student or an adult, who is caught furnishing alcohol to a minor who is later caught for underage possession.
In addition to up to $500 fines and 30 days in jail, those with a criminal conviction for contributing to underage possession also risk the suspension of their driving privileges.
Selling Alcoholic Beverages to Minors in Baton Rouge
In Baton Rouge, selling alcohol to an underage person is a serious criminal offense. If a minor uses a fake ID to attempt to purchase alcohol, both the seller and the minor may face legal consequences. The minor can be charged with underage drinking or possession of alcohol, while the person who sold the alcohol could be penalized for enabling underage possession.
Unlawful sales could result in penalties of up to $1,000 in fines, community service, six months in jail, and loss of liquor license privileges. Additionally, under Louisiana Dram Shop laws, if underage possession leads to an accident, the establishment can be liable for damages.
Underage DWI Baton Rouge
A minor caught operating a motor vehicle with a blood alcohol content (BAC) of 0.02% or higher can face DWI charges, commonly known as a “baby DUI.” If found guilty, the juvenile can face fines, license suspension, mandatory participation in substance abuse programs, and potential jail, depending on the case’s specifics.
Contact our Baton Rouge DUI lawyer group to schedule a consultation regarding your case.
Consequences of Underage Drinking Convictions in Louisiana
An underage drinking conviction in Louisiana can lead to fines, community service, participation in alcohol education programs, driver’s license suspension, or even jail time. Individuals also face a permanent mark on their record, which could impact future educational and employment opportunities.
Additionally, those convicted of a second offense or subsequent offense face harsher criminal penalties, including jail time and longer license suspensions. An experienced criminal defense lawyer at our law firm can evaluate your case and help you understand the potential penalties you may be facing.
Minor in Possession First Offense Louisiana
For a first-time “minor in possession” charge in Louisiana, the consequences include a fine of up to $100 and driver’s license suspension for up to 180 days. First offenses may not appear on the minor’s criminal record, but they can have lasting effects, especially if compounded with other charges.
Our Baton Rouge minor in-possession attorney team diligently defends against these allegations to protect young people from the damaging effects of a conviction.
Minor in Possession Second Offense and Subsequent Offenses Louisiana
In Louisiana, penalties for a second offense of juvenile in possession of alcohol are similar to those of the first offenses, including fines and mandatory alcohol education programs. However, repeated minor in-possession offenses may still lead to longer suspensions or more significant penalties. If facing these charges, contacting a Baton Rouge minor in possession attorney can help ensure a strong defense and potentially mitigate the long-term consequences.
Juvenile Offenses and Your Criminal Record
In Louisiana, a criminal conviction in juvenile court for offenses such as minor in possession or underage drinking typically do not appear on an individual’s permanent criminal record. However, this doesn’t mean you should simply plead guilty.
Contact a Baton Rouge juvenile defense lawyer at our law firm to schedule a free initial consultation to discuss your case.
How a Criminal Defense Attorney for an Underage Drinking Charge in Baton Rouge Can Help
Criminal defense lawyers can provide essential support for juveniles charged with underage drinking, underage possession of alcohol, or underage possession of controlled substances by employing various defense strategies tailored to the specifics of each case.
Public Drunkenness
Public intoxication charges in Baton Rouge can have severe consequences. Many young people assume being charged with underage drinking in public is not a big deal, but a criminal conviction for such a criminal offense can lead to a permanent criminal record.
If an underage person is caught with an alcoholic beverage or has a blood alcohol content over the legal limit, they can be charged not only with possession of alcohol but also with underage drinking offenses. A criminal defense attorney can help by challenging whether there was probable cause for the arrest and if there is sufficient evidence to support the underage drinking charges. It’s important to act in a timely manner to address these charges. A skilled Baton Rouge underage drinking lawyer from our law firm can defend your rights and help minimize the impact of underage drinking offenses.
Contact a juvenile drunk in public lawyer in Baton Rouge for a free underage possession case evaluation.
Pulled Over for DUI
If a police officer pulls you over for a DUI as an underage person in Louisiana, understanding your rights is crucial. Under Louisiana’s zero-tolerance policy, even a small amount of alcohol detected in a minor’s breath can lead to a baby DUI, a common term for a DUI charge for someone under the legal drinking age.
If the police officer notices signs of intoxication like slurred speech or suspicious behavior during the traffic stop, they may administer a breath test to check your blood alcohol content. Being found guilty could result in loss of driving privileges, mandatory juvenile court appearances, and other serious consequences. However, if the police officer lacked probable cause or was involved in an unreasonable search, your constitutional rights may have been violated. You need an aggressive defense to challenge the stop. Understanding what to do if you’re pulled over for a DUI in Louisiana as a minor is essential.
Our Baton Rouge MIP lawyers are dedicated to helping high school students and college students avoid having a permanent criminal record for miscalculated decisions. If you’ve been charged with underage drinking offenses or are facing a juvenile OWI charge in Baton Rouge, contact our law firm for a free case evaluation.
DUI Checkpoints
At Louisiana DUI checkpoints, police stop drivers to check for signs of impairment, including minors, under the state’s zero-tolerance policy. For an underage person, a minor’s breath may be tested for blood alcohol content (BAC) during a traffic stop. Even a BAC of 0.02% can lead to a DUI charge for those under the legal drinking age.
If the police officer detects slurred speech or other signs of underage drinking, they may perform a breath test. Being found guilty of underage DUI can result in a loss of driving privileges, fines, and mandatory community service. High school students and college students may also face consequences in juvenile court.
However, if the stop is deemed an unreasonable search, your constitutional rights could be violated, and a lawyer can argue there wasn’t sufficient evidence. If you’ve been charged with underage drinking and driving, contact an experienced Baton Rouge underage drinking lawyer at our law firm for a free consultation.
Baton Rouge Underage Drinking Charges Defense
Some of the most common and effective defense strategies for minors in possession and underage drinking offenses in Louisiana include:
Constructive Possession Defense
In cases of constructive possession of an alcoholic beverage, a person can be charged with underage possession of alcohol even if they didn’t physically possess an alcoholic beverage. In cases involving a minor in possession of alcohol, the absence of actual possession of alcohol can be a key defense.
Prosecutors typically argue the minor did constructively possess the alcoholic beverage based on proximity and control. If a police officer charges a minor without clear evidence that the individual physically held or controlled an alcoholic beverage, it may weaken the case for a criminal offense.
Our Baton Rouge minor in possession attorney team can challenge constructive possession charges by arguing that the accused did not have actual possession of alcohol, potentially disproving illegal consumption, even if the minor displayed signs of intoxication like slurred speech.
By showing that the connection to the constructive possession of alcohol was weak or incidental, our law firm can seek to reduce or dismiss the underage drinking or constructive possession charges. Defending young people from such charges is important to avoid a criminal conviction for a minor in possession of alcohol that can have lasting effects on their record.
Unreasonable Search and Seizure
If a police officer conducts an unlawful search, this is a violation of your constitutional rights. Our Baton Rouge minor in possession lawyers can challenge the legality of the search by arguing that the officer didn’t have reasonable cause or failed to obtain a warrant.
Rising Blood Alcohol Defense
The rising blood alcohol defense in Louisiana argues that a person’s blood alcohol content (BAC) was still increasing at the time of their breath test. Our Baton Rouge minor in possession attorneys can use this defense by challenging the timing of the police officer’s test and arguing that the results don’t accurately reflect the BAC at the time of the incident.
Medical or Religious Exceptions
In some cases, underage possession of an alcoholic beverage may be allowed under medical or religious exceptions in Louisiana. Although underage possession is typically a big deal, having a valid medical or religious exception could significantly reduce or dismiss the charges.
Hardship Defense
If you’re facing underage possession or a fake ID charge in Louisiana, it may result in a driver’s license suspension. Our law firm can help obtain a Louisiana hardship license, allowing limited driving privileges for essential activities. Even if a police officer charges you with a criminal offense and you plead guilty, a Baton Rouge minor in possession attorney can assist in negotiating reduced penalties or alternatives, potentially avoiding a full suspension and preserving your ability to drive.
First Offense Mitigation
For first-time offenders facing underage drinking charges, mitigation strategies can significantly reduce the long-term impact within the criminal justice system.
Unlike other states, Louisiana does not recognize summary offense judgments. Instead of a summary offense, even minor infractions, such as juvenile possession of alcohol, are classified as misdemeanors. This distinction between a misdemeanor and a summary offense is important because misdemeanors can carry heavier penalties and lead to a criminal record, making it essential to seek alternative penalties or diversion programs to minimize the impact.
Our minor-in-possession lawyers in Baton Rouge often help high school and college students by seeking alternatives such as pretrial diversion in Baton Rouge, which can include community service or alcohol education programs instead of harsher penalties.
This is particularly effective in cases involving constructive possession or related offenses like using a fake ID to purchase alcohol. Whether the charge is for illegal consumption or being found in actual possession of alcohol by a police officer, working with a minor in-possession attorney in Baton Rouge can help minimize the consequences of a criminal offense and work to avoid or minimize the repercussions of a criminal conviction.
Baton Rouge MIP FAQ
What is MIP in Louisiana?
MIP, or “Minor in Possession,” refers to the legal offense of an individual under the age of 21 possessing alcoholic beverages. This includes purchasing, consuming, or having alcohol in public places.
Is Underage Drinking a Felony in Louisiana?
No, underage drinking is not classified as a felony in Louisiana. Instead, an underage drinking conviction is generally considered a minor infraction.
How Much Does a MIP Cost in Louisiana?
In Louisiana, the maximum fine for a minor in possession charge is $100.
What are the Penalties for the First Offense of the Crime Minor in Possession?
For a first offense of minor in possession in Louisiana, penalties for an underage person typically include a fine of up to $100 and license suspension for up to 180 days.
Can You Go to Jail for Underage Drinking in Baton Rouge?
Normally, you can’t go to jail for simply drinking under the age of 21. However, if you drink and drive under the influence of alcohol, you may face jail time.
Baton Rouge Underage Drinking Attorney
If you’ve been charged with minor in possession or other underage drinking offenses, quickly consulting criminal defense attorneys is critical.
Our minor-in-possession lawyers in Baton Rouge work tirelessly to minimize the effects of decisions made by high school and college student-aged clients, recognizing how an underage drinking charge will affect future opportunities for the younger generations.
Don’t let an underage drinking charge define your child’s future. Call our law firm at 225-343-1111 or contact us online to schedule a free consultation with an experienced Baton Rouge criminal defense attorney at our law firm.
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