Legal Question in Criminal Law in Colorado

i was with some friends parked at a local park around 10 i was charge with possession/consumption of alcohol under 21 (odr). so my question is can this charge stick in court since i did have anything on me the bottle was just in the car and i wasn't the driver i was just setting in the back seat their for i don't have the power to say what he can have in the car.


Asked on 11/28/09, 11:15 am

1 Answer from Attorneys

Daniel Fenaughty FENAUGHTY & ASSOCIATES, PC

Knowing possession is required to be proven beyond a reasonable doubt. The issue here is "did you know" or "could you have known". You can certainly take this to trial. If you are 18-21, you can get a jury trial.

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Answered on 12/03/09, 4:37 pm


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