Question About Legal Trouble for a High School Party in Texas?
Question by Tristan: Question about legal trouble for a high school party in Texas?
So my friend is throwing a pretty large party that is gonna be bigger than any other he has thrown, and his parties are already pretty loud. if cops do show up, and I (as a minor) and found in possession of alcohol and have been consuming it, can i be arrested? is it a felony or misdemeanor? how large will the fine be if i get fined? and what are the odds that i will actually get in legal trouble at all?
Best answer:
Answer by ron_mexico
A charge of Minor in Possession (M.I.P.) means that the defendant, being a person under the age of 21 years, has been issued a citation by a police officer or Texas Alcohol Beverage Control Officer for being illegally in possession, ownership, or control of an alcoholic beverage. The principal element of this crime, which must be proven beyond a reasonable doubt, is possession, ownership, or control of an alcoholic beverage.
Minors are at risk of an M.I.P. citation at a party, nightclub, or while riding in a vehicle when alcohol is present. A minor can be in the proximity of alcohol which belongs to another person, but cannot touch, hold, transport, attempt to purchase, consume, or have any contact with alcohol.
Possession of an alcoholic beverage includes situations involving “constructive possession.” An example of constructive possession is when a minor is in an automobile where alcohol is readily accessible to any minor passenger in that vehicle. This situation extends to alcohol which is on the car seat, floor, or stored in the trunk of an automobile in which the driver is a minor in possession of the keys which unlock the trunk.
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This offense is a Class “C” misdemeanor punished by a fine not to exceed $ 500.00. However, if a minor has 2 prior convictions, the punishment is a fine of not less than $ 250.00 or more than $ 2,000.00 and/or confinement in jail for a term not to exceed 6 months!
The court shall order a convicted minor to perform community service for not less than 8 or more than 12 hours. However, if he has a prior conviction, the community service is not less than 20 hours or more than 40 hours.
The court shall order the Department of Public Safety to suspend the minor’s driver’s license or permit or, if he does not have one, to deny the issuance of one for: 30 days if he has no prior convictions; 60 days if he has one prior conviction; or 6 months if he has 2 prior convictions.
For the purpose of determining whether a minor has a prior conviction, an order of deferred adjudication for a prior offense is considered a conviction!
The court shall require a convicted minor who has not been previously convicted to attend an alcohol awareness course approved by the Texas Commission on Alcohol and Drug Abuse. If he has been previously convicted, the court may require him to attend the course.
http://studentlife.tamu.edu/scrs/sls/MIP
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