Underage Alcohol Consumption Cases In South Carolina: An Overview
Facing a “minor in possession of alcohol” charge can feel overwhelming, but you are not alone. This step-by-step guide is here to help you understand your rights and what to expect every step of the way. We believe that knowledge is power, and by equipping yourself with the right information, you can navigate this challenging situation more effectively. Let’s work together to ensure you take the best steps forward in reclaiming your peace of mind.
In this article, you can discover…
- What happens during an underage alcohol charge.
- The potential penalties for underage alcohol possession.
- How an attorney can help you and your child in the aftermath of charges.
What Is The Legal Definition Of Underage Alcohol Possession In South Carolina?
In South Carolina, any person under the age of 21, who is in possession of an alcoholic beverage (such as beer, wine, or liquor) can be charged with a “minor in possession of alcohol” charge, and this charge could involve one of two different kinds of possession.
The first type of possession is “actual possession,” in which the minor was physically holding a bottle, can, or cup of alcohol at the time they were investigated and stopped by law enforcement.
The second type of possession is called “constructive possession,” in which alcohol is found within the minor’s “dominion or control” (such as a case of beer being found in their car or dorm room). While the individual is not actually physically possessing the alcohol at the time law enforcement gets involved, the police determine that based on the facts and circumstances, the alcohol belonged to the individual because it was in their dominion or control. Under this scenario, the individual can still be charged with minor in possession of alcohol.
What Happens During An Arrest For Underage Alcohol Possession?
During an arrest, the arresting officer has discretion in how to handle the arrest. The minor may be taken to jail, booked, and then have to await their bond hearing. In other cases, the minor may be criminally charged by the arresting officer, given a charging document detailing their court date, and released.
In either case, how the officer proceeds does not impact the charges the young person faces or the possible consequences of a conviction. In both cases, the charges need to be handled seriously, carefully, and with the help of a criminal defense attorney.
How Is Bail Handled For Underage Alcohol Possession Charges?
Bail (or “bond” as it is called in South Carolina) begins with the bond judge setting a bond amount that would allow the minor to be released. Once that amount is paid, the minor is released from jail and given their first court date for a future appearance.
Once the minor has a first court date set, this is an excellent time for themselves, their parents, or their guardians to reach out to an experienced criminal defense attorney. This allows the attorney to review the details of their case and come up with a strong strategy for their defense.
What Are The Potential Penalties For Underage Alcohol Possession?
In South Carolina, the penalties for a minor being in possession of alcohol can be especially harsh, even if this is their first offense. If convicted, the minor could face up to 30 days in jail and fines. The judge may order the arrested minor to attend drug or alcohol classes, too, and their driver’s license could be in jeopardy. But most importantly, a conviction means the criminal charge stays on the minor’s record.
This is true even if it’s their first conviction. Because of this, getting in touch with a criminal defense lawyer as soon as possible is vital. A strong defense early on can help get charges dismissed, avoiding these harsh consequences and the future impacts of a conviction on the young person’s record.
How Can A Plea Deal Be Negotiated In An Underage Alcohol Possession Case?
To engage in negotiations, the minor’s attorney will set up a meeting with the prosecutor. This meeting typically occurs before their court date and involves working towards mitigation and developing possible defenses.
Information and evidence are exchanged with the prosecutor to see if the two sides can reach an amicable resolution that meets the minor’s legal goals, ideally having charges ultimately dismissed and expunged from their record.
How Can I Prevent An Underage Alcohol Possession Incident From Permanently Affecting My Child’s Future?
Realistically, young people under the age of 21 (especially high school and college students) are sometimes going to be in possession of alcohol. At Sahn Law Firm, we don’t believe that a single bad decision should permanently affect a child’s future, which is why we put all available resources into achieving the best possible results for our clients.
If charges are not dismissed and expunged, the long-term impacts on your child can be severe and personally damaging. This is especially true as young people apply for college or their first jobs, as many application forms inquire about all criminal convictions. Allowing a seasoned, aggressive law firm to handle your child’s case is their best chance at a clean record and a fresh start.
How Does Your Law Firm Help Minor Clients Understand The Legal Process?
When minors and/or their parents contact our law office, they rarely have a strong grasp of the law or how the criminal defense process works. Part of our initial consultation process helps the client and/or their parents understand the legal process, especially their legal rights, such as their legal right to decline a breathalyzer test in South Carolina.
Sahn Law Firm provides young people with all of the information and resources they will need to exercise and defend their rights in light of the charges they face. We will also answer all of the client’s questions, either individually or in consultation with their parents or guardians.
This ensures that all parties involved are on the same page with regard to legal defense strategy and our plans to pursue a dismissal and expungement of the charges.
Still Have Questions? Ready To Get Started? For more information on Underage Alcohol Possession In South Carolina, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (843) 856-2222 today.