Minor in Possession of Alcohol (BP 25662) in Aliso Viejo

Not always considered a juvenile crime, in the city of Aliso Viejo, and in the rest of California, a minor is someone who is under the age of 21. If a minor is caught drinking in public, purchasing alcohol, possessing alcohol or holding an opened or unopened container, then they can be charged under California Business and Professions Code Section 25662. Statistics have shown that alcohol is the most commonly used and abused drug among youth in the United States. In addition, the consequences of underage drinking are plentiful, such as the potential for alcohol-related car crashes or school and social problems.

Penalties and the Impact of a Conviction
  1. Penalties for a first offence include; 24-36 hours of community service and a fine of $250
  2. For a subsequent offence, the penalties will include; 36-48 hours of community service and a fine not exceeding $500

The impact of a BP 25662 conviction can have consequences that can last for a lifetime. Some of the consequences will include the following:

  • You will have a criminal record of the conviction.
  • You will not be able to later on request a dismissal of the misdemeanor conviction and even if you manage to get it dismissed, it will still remain in your record which means that anyone can access the damning information. It must still be disclosed to government employers or licensing agencies. It can also still be found by anyone with access to court or criminal records.
  • You may fail to get into a graduate school of your choice since the graduate school may ask if you have a criminal record and disqualify you for a position due to the criminal record.
  • You may lose an opportunity to become a doctor, lawyer, accountant, licensed real estate agent or a licensed teacher.
  • The California Department of Motor Vehicles could also suspended your driver’s license for 1-year.

There are a myriad of different legal defenses that can be used. The most common defenses include that the minor was not the actual owner of the alcohol, that they only had it on orders from someone old enough to possess it in order to deliver it, for example, or that the alcohol was discovered during an illegal search and seizure. This is defined as a search and seizure by a law enforcement officer without a search warrant or probable cause. A search warrant is an order issued that authorizes the police to conduct a search to seize any evidence of a criminal offense. The search warrant informs the person being addressed that the judge who issued the warrant has found it probable that incriminating evidence may be found.

With the penalties and impact in mind, it is critically important that a minor find the best legal criminal representation. It is highly recommend that you attempt to resolve a misdemeanor case with legal counsel. The Johnson Criminal Law Group is the law office to call today about your case.

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