Minor in Possesion of Tobacco Misunderstanding?
Question by cameron yo: Minor In Possesion Of Tobacco Misunderstanding?
I Live In Indiana. I was caught holding cigarettes. They were not mine. What will be the consequences of it? It happened about 3 days ago and they are going to talk to parents about it. They know about it. Will i have a fine? Will i be on probation? Will i have a warning? Will i be drug tested? Its worrying me. Thanks.
Best answer:
Answer by Amber D.
You might get a fine but if you the cop didn’t give you a ticket then and there then I wouldn’t worry to much about it.
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Probably a warning or fine. Regular tobacco isn’t that big a deal and I doubt it is important enough to be fully arrested, tried and put on probation. Being put on probation would require drug testing periodically.
they will just tell your parents and let you go. As what your parents would do, I can not say.
Your parents will probably ground you and the cigarettes will be disposed of. Don’t sweat it.
One piece of advice though: It’s not a misunderstanding, you had the cigarettes don’t try to put it on someone else. I’m not saying snitches get stitches or something, by all means rat on this person and get them out of your life. But if you effed up just admit it, people like that more then making up excuses.
You should go to jail. Do not pass GO and do not collect $ 200
Here’s the law:
IC 35-46-1-10.5
Purchase, acceptance, or possession of tobacco; defenses
Sec. 10.5. (a) A person less than eighteen (18) years of age who:
(1) purchases tobacco;
(2) accepts tobacco for personal use; or
(3) possesses tobacco on his person;
commits a Class C infraction.
(b) It is a defense under subsection (a) that the accused person acted in the ordinary course of employment in a business concerning tobacco:
(1) agriculture;
(2) processing;
(3) transporting;
(4) wholesaling; or
(5) retailing.
If you had it on your person it was in your possession. Period, end of story, no defense whatsoever about ownership.
That said, Class C infractions are punishable by the imposition of a fine of up to five hundred dollars ($ 500). No jail, no probation, no community service, nothing. Just pay up and don’t do it again (hold tobacco for anyone while you’re under 18)
If you are courteous and sorry for POSSESSION (I’d say they weren’t mine and I didn’t realise holding them was illegal, but I know now and I’m sorry), they’ll probably let you off with a light fine (under 100) and tell you not to come back.
If you push it they could make it worse for you, and they could even mess with your parents for delinquincy of a minor.