Legal Question in Criminal Law in Colorado

Re: minors and posession of alcohol

Yes, and probably she has already been charged.

The real question may be "can she be convicted?"

The answer is:

1. It is against the law for a minor to possess alcohol anywhere - private or public property.

2. Possession may be by consumption - it is not necessary that she have a bottle in her hand.

3. There are teenagers who will not consume alcohol under the circumstances you describe, but they are not in the majority.

4. It is up to the authorities to prove her guilty beyond a reasonable doubt. If you are convinced she did not consume alcohol at the party, have her plead not guilty and make them attempt to prove that she possessed it in some fashion.

5. If she contributed money to the purchase of the alcohol or assisted in acquiring it some other way, she is guilty of conspiracy to possess whether or not she consumed any.

Good luck.