Tucson Minor in Possession Lawyer

Tucson Criminal Defense for Minor in Possession of Alcohol

In Arizona, like the rest of the United States, it is generally against the law for anyone under the age of 21 to possess or drink alcoholic beverages.  In Tucson, Minor in Possession ("MIP") citations are very common, especially with college and high school students.  University of Arizona Police Department, Tucson Police Department, Pima County Sheriff's Department, Marana Police Department, and other local law enforcement agencies write many MIP citations every year.  If you have been arrested or cited as being a minor in possession, contact the Tucson Defenders for a FREE CONSULTATION with a Tucson Criminal Defense Attorney.  520-585-5757

WHAT CONSTITUTES POSSESSION?
Many people find it surprising just how broadly the word "possession" is interpreted in court.  Actual possession, where a person knowingly has direct physical control over a beverage is the most straightforward, but Arizona law also recognizes other types of possession.  Constructive possession, on the other hand, is much broader, and can cover alcohol that is in a house, bar, car, dorm room, etc., and can even be possessed by another person!  Constructive possession may be more difficult for the prosecution to prove, and therefore might be more likely to result in a dismissal of MIP charges.  Whether you actually or constructively had possession of alcohol can be central to your defense; if you think that there might be an argument that you did not possess alcohol under the legal definition, discuss this with your defense attorney.

MINOR IN CONSUMPTION
Similar to minor in possession charges, Arizona law prohibits consumption of alcoholic beverages by people under 21.  Under Arizona Law, Minor in Consumption ("MIC") is a Class Two Misdemeanor, so slightly less serious that MIP, in that the maximum jail sentence is 120 days.  Like with MIP, jail sentences are very unlikely, and the most serious part of an MIC conviction is the conviction itself, and having a misdemeanor conviction on your record.  Intoxication is not required to be convicted of MIC; in fact, just a single sip of alcohol can be enough to break the law.

PENALTIES FOR MIP/MIC
Being a minor in possession of alcohol is not the crime of the century.  While the maximum penalties for being a minor in possession of alcohol under Arizona law appear harsh, a jail sentence is very unlikely, especially for a first time offender.  Still, MIP is designated as a Class One Misdemeanor pursuant to Arizona Revised Statutes 4-246(B).  The maximum penalties for a Class One Misdemeanor are 180 days in jail (extremely unlikely), up to 3 years of probation, and thousands of dollars in fines and court costs.  Probation, fines, alcohol classes, and community service are more common in an MIP sentence.  The most damaging part of an MIP conviction is the conviction itself, as those convicted of a misdemeanor in Arizona cannot truly "expunge" their convictions as in some other jurisdictions.  Discuss your specific facts and any prior dealings with the law with your defense lawyer for a better idea of what kinds of penalties you might face with an MIP conviction.

OTHER CONSEQUENCES
A criminal conviction can carry consequences beyond jail, fines, and probation.  For students, having to explain any criminal conviction to your school, to prospective employers, and on applications for college, graduate, or professional school can be problematic.  An MIP conviction can impact scholarships/financial aid, employment, extra-curricular activities, campus housing, and more.  For non-citizens, alcohol related convictions can result in negative immigration consequences, even with minor offenses.  For professions requiring a professional license, alcohol-related convictions can raise issues (e.g. nursing student may encounter delays in licensing upon graduation).  Additionally, the court may suspend the driving privilege of a minor (under 18) for up to 6 months.  Because every case is different, be sure to discuss your concerns about collateral consequences with your defense lawyer. 

DIVERSION
Many first time offenders will be eligible to complete a diversion program, and avoid a criminal conviction by participating in some alcohol education and a probationary period.  If permitted to enter into a diversion program, participants will earn a dismissal of their criminal charge in exchange for staying out of any new trouble for a specified period of time, completing alcohol education classes, and possibly having to do some community service.  Our firm helps eligible clients who are interested in diversion get into a diversion program, complete the program, and gain the benefits of participating in diversion (namely dismissal).  For clients who fail to successfully complete the terms of diversion, we can help to try to get another chance at diversion, or look to other ways to still get a good outcome.

JUVENILE CASES
For minors under 18, cases are handled by the juvenile justice system, and instead of being heard in adult court, are heard at the Pima County Juvenile Court Center. 

DEFENSES TO MINOR IN POSSESSION/CONSUMPTION CHARGES
Unlawful search/seizure, fitting within the statutory exceptions (medical or religious use), lack of evidence (e.g. smell alone is not enough), alcohol possessed solely by another, mere presence, lack of knowledge of possession (lack of criminal intent), corpus delicti.  There are many defenses that might apply to any criminal offense, and only a detailed review of your case by an experienced attorney can truly determine your best defenses.  If you think you might have a defense, be sure to discuss this with your defense lawyer.  Parental consent is not a defense.

It is fairly common for MIP/MIC charges to be in conjunction with fake ID charges.

IF YOU OR YOUR CHILD HAVE BEEN ARRESTED OR CITED FOR BEING A MINOR IN POSSESSION OF ALCOHOL, CONTACT THE TUCSON DEFENDERS NOW FOR A FREE CONSULTATION WITH A TUCSON CRIMINAL DEFENSE ATTORNEY   520-585-5757

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Tucson City Court (Misdemeanors In City Limits)
Pima County Justice Court (Misdemeanors)
Pima County Superior Court (Felonies)
Tucson Police Department

Pima County Juvenile Court Center
Pima County Law Library
Alcoholics Anonymous
U of A Police Department