Minor in Possession of Alcohol in New Jersey

Minor in Possession of Alcohol in New Jersey

Underage drinking is unfortunately common in New Jersey, but it comes with serious legal consequences. This article will provide an overview of New Jersey laws related to minors in possession of alcohol, potential penalties, and defenses that may apply.

What Constitutes a Minor in Possession Offense?

In New Jersey, it is illegal for anyone under the age of 21 to purchase, possess, or consume alcoholic beverages (N.J.S.A. 2C:33-15). This law applies to possession or consumption in public places, motor vehicles, schools, and other locations. There are limited exceptions – for example, if a minor’s parents provide them alcohol in a private residence or for religious purposes. But in general, possession of alcohol by minors is prohibited.

The legal drinking age in New Jersey is 21. This law is strictly enforced, and both minors and adults who provide alcohol to minors face legal consequences. Simply being in the presence of alcohol can lead to charges, even if the minor did not actually consume any alcohol.

Where Does the Law Apply?

New Jersey’s law on underage possession of alcohol applies in all public locations, including:

• Streets, parks, beaches
• Vehicles
• Schools and school events
• Restaurants, bars, clubs
• Concerts, sporting events
• Any other public area

Possession of alcohol by a minor is illegal even if the beverage is sealed or unopened. The law focuses on possession – having control or access to the alcohol.

Many local municipalities also have additional rules prohibiting underage possession on private property in certain situations, like backyard parties where others may witness it.

Penalties for Underage Possession of Alcohol

The penalties for a minor found in possession of alcohol can include:

• Fines – $500 to $1000, with a minimum fine of $500 mandated by law. Additional fines may apply if there are other factors, like a fake ID.
• Jail time – Up to 180 days in jail is possible for a minor convicted of underage alcohol possession. Whether jail time is imposed depends on the specific circumstances of the case.
• License suspension – A minor’s New Jersey driver’s license will be suspended for 6 months to 2 years if convicted. For minors without a license, it delays eligibility.
• Community service & treatment programs – Judges often order underage drinking offenders to complete community service hours or attend alcohol awareness classes and treatment programs. These may last up to 6 months.
• Permanent criminal record – Like other criminal offenses, an underage possession conviction goes on your permanent record and can impact college applications, employment, etc.
• Increased insurance rates – A guilty verdict for underage drinking may increase car insurance rates for several years.

Defenses Against Minor in Possession Charges

There are defenses that may apply in underage alcohol possession cases which a criminal defense lawyer can use to get charges reduced or dismissed entirely. Some examples include:

• Lack of actual possession – Argue that you did not have physical possession or control over the alcohol. Just being present near it is not enough.
• Lack of knowledge – You must knowingly possess alcohol to be guilty. If you did not realize alcohol was present, this defense may apply.
• Private property – In certain situations, possession may be allowed on private property with guardian supervision or consent.
• Religious/medicinal use – Alcohol possession for legitimate religious or medicinal purposes may be lawful.
• Illegal search – If police lacked probable cause or proper authority to search you, any evidence found may be suppressed.
• Misidentification – Mistaken identity is possible in group settings – challenge whether you actually possessed alcohol.

Avoiding Underage Drinking Charges

The best way for minors to avoid legal issues is to avoid alcohol completely until turning 21. While it may be common among peers, underage drinking is illegal and dangerous. If you do face charges, immediately consult with an experienced criminal defense attorney to protect your rights.

With proper legal guidance, many underage possession cases can be dismissed, reduced to a lower offense, or avoided altogether through pre-trial intervention programs. Don’t let one mistake haunt you – get experienced legal help right away.

Finding a Lawyer for Underage Possession of Alcohol

If you or your child is facing minor in possession charges in New Jersey, time is of the essence. Contact a criminal defense lawyer as soon as possible after an arrest or citation. An attorney can advise you on the best defense options and represent your interests in court.

When searching for a lawyer, look for someone with specific experience handling underage drinking cases. They will understand the complex laws and possible penalties, and can develop an effective strategy to fight the charges. Be sure to ask about their track record getting charges reduced or dismissed pre-trial.

With the right legal guidance, many underage alcohol possession cases do not end in conviction. But you need an assertive lawyer on your side to make that happen. Don’t leave the outcome to chance – get experienced legal help fighting these charges today.