Issues That Arise in Minor in Possession of Alcohol Cases

Contrary to popular believe, a person is not just “guilty by association.” The State of Texas is required to prove each element of a Minor in Possession charge like they are for any other crime. This is important because there are usually a number of issues that can arise in a Minor in Possession case that will be difficult for the prosecutor to handle.

Section 106.05 of the Alcoholic Beverage Code describes the offense of “Possession of Alcohol by a Minor.” On its face it seems pretty straight forward: “a minor commits an offense if he possesses an alcoholic beverage.” Normally, the most important question is whether or not the minor actually possessed the alcoholic beverage.

The definition of possession is found in Penal Code Section 1.07(39) which explains that possession is “actual care, custody, control, or management.” By this definition, the State need not prove that an alcoholic beverage was physically in a minor’s possession, but must prove more than an alcoholic beverage in mere proximity to a minor. An alcoholic beverage may also be possessed by more than one person at the same time.

Speaking with a criminal attorney can help you determine the merits of your case and whether it is one that is ripe for trial or one that can be resolved by a guilty plea that avoids a permanent criminal conviction.

A discussion on the ranges of punishment and potential consequences of a Minor in Possession charge can be found HERE

*Kyle Therrian is an attorney licensed to practice in the State of Texas. Nothing in this article is intended to be legal advice. For legal advice on any case you should contact an attorney directly.

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