Richmond VA Underage Possession of Alcohol Attorney
Underage Possession of Alcohol in Richmond Virginia is not taken lightly, and in some cases can lead to a jail sentence. The Code of Virginia criminalizes the possession, purchase, or consumption of any alcoholic beverage such as liquor, wine, and beer by those under the age of 21 and is enforced by various law enforcement agencies as follows: Richmond Police, University of Richmond Police, Virginia Commonwealth University (VCU) Police, Virginia State Police & Virginia ABC Agents. In fact, underage possession of alcohol is a Class 1 misdemeanor criminal offense, which in Virginia, is the same type of criminal misdemeanor as a DUI. If you have been arrested or cited for underage possession of alcohol in Richmond VA, then you need a Virginia Super Lawyer.
A conviction for underage possession of alcohol is punishable as follows:
- Maximum 12 months in jail
- Maximum $2,500 fine
- Community service
- Alcohol Education and/or Treatment
- Random Testing
- Loss of driving privileges
- Permanent criminal record
Underage Possession of Alcohol is a Criminal Offense
Riley & Wells Attorneys-At-Law are Richmond Possession of Alcohol lawyers that can help you understand the allegation you are facing, the possible defenses of your case, and the consequences of a conviction. We examine the facts and circumstances surrounding your arrest, whether the police violated the Fourth Amendment, whether the police had a reasonable suspicion to stop you, whether any warrant was supported by probable cause, and whether any other violations may have tainted the seizure of evidence the prosecution will attempt to use against you at trial. In many cases, you can prevail on a number of defense objections or motions, even if you think you are guilty.
In some cases, the best option may be to plea your case with the Court and/or the prosecutor depending on the strength of the Commonwealth’s case and the unique circumstances of the needs of the client. This can only be realistically accomplished with the assistance of an accomplished Richmond Alcohol Possession Defense Lawyer. Do not give up hope and protect your rights by contacting us today for a free no obligation initial consultation.
Driving After Illegally Consuming Alcohol
Driving a motor vehicle by persons under the age of 21 after illegally consuming alcohol is a criminal offense. This violation is often referred to as a baby DUI when the driver under the age of 21 has a blood alcohol level of 0.02 but less than 0.08. The DUI law criminalizes operation of a motor vehicle in cases of blood alcohol evidence of 0.08 or higher. A person weighing 120 pounds can reach a .02 percent blood-alcohol level after having one drink in one hour, according to the National Highway Traffic Safety Administration. The penalties for a very similar to a DUI, thus it is important to retain a skilled Richmond VA area attorney to defend such alcohol allegations.
Possession of False Identification
Possession of a fake ID is not an alcohol violation; however, in many instances young offenders in violation of Virginia’s alcohol laws is also in possession of a fake or fraudulent identification. As such, the accused may be facing two criminal charges for underage possession of alcohol and possession of a false identification. Virginia Code 18.2-204.2 makes it is illegal for any person to possess a fictitious driver’s license or other official identity card. A violation is punishable as a Class 2 (criminal) misdemeanor, and upon conviction, is punishable by up to 6 months in jail and / or a $1,000 fine. A conviction would also give the defendant a permanent criminal record because convictions cannot be expunged in Virginia.
Richmond Underage Alcohol Possession/Fake ID DISMISSED
Riley & Wells Attorneys-At-Law represented a University of Richmond student who was arrested for underage possession of alcohol and possession of False Identification by an undercover ABC Special Agent. Both offenses are criminal misdemeanors and are punishable by a term of incarceration, loss of driving privileges and a significant fine. The client was naturally concerned about the exposure and permanent criminal record.
The arrest took place at a downtown Richmond VA local nightclub popular with many college students. The client’s main concern was to not have a permanent criminal record. Our attorneys gathered all of the necessary information regarding the arrest and conducted the necessary legal research as it applied to our client’s case so that we would be prepared for trial. Based on the facts of our client’s case, our arguments and our representation, we were able to favorably resolve both misdemeanor allegations with no jail sentence, no loss of driving privileges, and perhaps most importantly, no permanent criminal record.
Let us review YOUR case. We can help!
By Mitch Wells 11/10/2015 | Updated 4/30/2018