Top Virginia Underage Possession of Alcohol Lawyer • 1500+ Reviews
Underage Possession of Alcohol in Virginia is not taken lightly. It is a Class 1 misdemeanor criminal offense, the same type of misdemeanor as a DUI / DWI. Va. Code§ 4.1-305 makes the underage purchase, possession or consumption of any alcoholic beverage a class 1 misdemeanor criminal offense. Virginia law enforcement aggressively enforces this criminal alcohol law. This type of violation is prosecuted by the Commonwealth Attorney’s Office. Some cases can lead to a jail sentence. Our top rated lawyers can help you understand your allegation, the defenses of your case, and the consequences of a conviction. We will help you navigate the criminal justice process to ensure that you are protected. NOTE: An allegation is NOT a conviction.
***Our attorneys are licensed to practice law in all Virginia Courts***
Alcohol Possession Criminal Defense Attorney Client Review
Experienced Virginia Underage Alcohol Possession Defense Lawyers
Riley & Wells Attorneys-At-Law is an established criminal law defense firm that specializes in defending clients accused of underage possession of alcohol offenses. Our lawyers possess over 60 years of criminal law experience. Our firm is a recognized “Best Law Firm” according to U.S. News & World Report. We routinely defend clients accused of underage possession of alcohol. Our attorneys can help you understand the allegation you are facing and the possible defenses. We examine the facts and circumstances surrounding your arrest. In many cases, you can prevail on a number of defense objections or motions, even if you think you are guilty. You can benefit from our experience – Let us review your case!
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Penalties for Underage Possession of Alcohol Cases
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Maximum 12 months in jail
- Permanent criminal record
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Maximum $2,500 fine
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Community service
- Alcohol treatment
- Random testing
- Loss of driving privileges
- Employment/Education issues
Summons Issued by Police for Underage Alcohol Possession
Most underage possession of alcohol cases begin with the issuance of a Virginia Uniform Summons. This is the legal document issued by Police during the encounter rather than being arrested and taken to the police station. A law enforcement officer can issue a summons for a criminal misdemeanor underage possession of alcohol offense. The summons serves as legal notice for the alleged alcohol violation. Signing the summons is not an admission of guilt. The summons advises you that a arraignment has been set before the General District Court. Let our alcohol possession attorneys review your case. We can develop a defense strategy even if you think you are guilty.
Free Consultation with Most Rated Illegal Alcohol Possession Attorneys
Underage possession of alcohol cases can have a negative longstanding impact if handled improperly. The biggest issue for most defendants is that they lack the necessary experience and legal knowledge to properly defend their case. The average person does not understand the best course of action to defend a particular case. Experienced defense lawyers know the best tactics for obtaining the best results. Our lawyers spend hours in the Courts every week and are familiar with the habits of the different judges and the law enforcement officers who make arrests and issue the summons’ for illegal alcohol possession. This knowledge is invaluable in order to best defend your case.
Elite VA Alcohol Attorneys Recognized by Super Lawyers
Super Lawyers is a legal rating service of outstanding attorneys from more than 70 practice areas including criminal law who have attained a high-degree of recognition and professional achievement. This organization recognizes the top practitioners nationwide using a patented process of independent research and peer input. Our law firm has been recognized by this publication since 2009. No more than five percent of the lawyers are named to this list and no more than 2.5 percent are named to the Rising Stars list. This recognition is merit based. Retain a top rated attorney who defends alcohol cases and who has been recognized with this elite award.
Possession of False Identification with Alcohol Defense Attorney
Possessing false identification is another criminal offense closely linked to underage possession of alcohol. Possession of a fake ID is not an alcohol violation; however, in many instances young offenders who are in violation of Virginia’s criminal alcohol laws are also in possession of a fake or fraudulent identification. In cases like these, the accused will likely be facing criminal charges for underage possession of alcohol and possession of a false identification. Va. Code 18.2-204.2 makes it is illegal for any person to possess, manufacture or sell a fictitious driver’s license or other official identity card. This offense is a criminal misdemeanor jailable offense.
Virginia Alcohol Possession Defenses
There are various defenses to underage possession of alcohol cases. The success of the defense will depend on the specific circumstances of your case. We will investigate your case and look for every possible defense. For example, did the police have a constitutional basis to stop you or enter your location? Did law enforcement violate the Fourth Amendment when conducting a search? A police violation may have tainted the seizure of evidence. Was the possession at issue either actual possession or constructive possession? It is important to remember that each illegal possession of alcohol case is unique. In some cases, you can prevail on a number of defenses even if you think you are guilty.
Seasoned Trial Lawyers Successfully Defend Illegal Alcohol Allegations
A misconception that many have is that you did not “possess” the alcohol in question. “Possession” can either be actual or constructive. Another misconception is that the law criminalizes recent consumption of alcohol by a minor. A police officer’s gathering of evidence that includes slurred speech or an odor of alcohol along with an admission can be sufficient evidence to prove a violation. Police officers may ask you to blow into a preliminary breath test. It is important to understand that you are not required by law to answer questions. You are also not required to provide breath samples for testing. Any statements to police can be used against you at trial.
Driving After Illegally Consuming Alcohol Defense Attorney
Driving a motor vehicle after unlawfully consuming alcohol is a criminal offense closely related to possession of alcohol by a minor. Persons under age 21 driving after illegally consuming alcohol is a criminal misdemeanor offense in Virginia. This criminal offense 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. A blood or breath test is required to prove a violation of this offense. This offense is similar to a DUI / DWI but there are some differences. The DUI / DWI law requires intoxication. This offense criminalizes operation after illegal consumption.
Alcohol Possession By Minor DISMISSED
Underage Alcohol Possession DISMISSED
Our lawyers defend underage possession of alcohol charges. In this case, we represented a college 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 and parents were very concerned about this incident. The arrest took place at a local nightclub popular with many college students. The client’s main concern was to not have a permanent criminal record.
False Identification Fake ID Case DISMISSED
Fake ID DISMISSED
Possession of false identification is common in alcohol cases involving minors who have underage drinking charges. 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.
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11/10/2015 | Updated 2/29/2024