Legal Question in Criminal Law in Kansas
Minor in possession of alcoholic beverage
My daughter got a Minor in possession charge in another county. No breath test was taken and she was holding it for an adult at the time. On the summons they have her listed as a male but all other information is right. In the information I received from the district court it states that she is required to have an attorney since she's a minor.
We can afford to employ counsel but would it be better to have the court appoint her an attorney since it's out of town? I'm sure it would cost more to have a local attorney travel out of county.
We are thinking that she should just plead guilty or do you think that is wise? I don't know what this will have in affect to her record.
1 Answer from Attorneys
Re: Minor in possession of alcoholic beverage
You are correct in assuming that a juvenile may not proceed in court w/o legal representation. As the county attorney in my area, if a minor so charged has no prior adjudications (convictions, if she were an adult)I usually offer what's called a diversion which, if w/in a certain period of time she had so further such charges/adjudications, the charge would not appear on her record if it stayed clean for 5 years. If I were you, I would contact the county attorney of origin and inquire as to how he/she intends to proceed. Prior to hiring counsel, I would make certain that your daughter was being absolutely truthful about the situtation, knowing the cost involved to obtain counsel. You should also know that law enforcement may not test a passenger in a vehicle. . .observing alcohol in their possession or on their breath is sufficient cause. You should also know that there may be a suspension of driver's license by the State Department of Vehicles, no matter what. . .local jurisdictions have no authority to alter this. Hope this has been helpful.
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