Legal Question in Criminal Law in Louisiana
Contributing to a minor
My son (17) has received a court summons for an incident that happened a month ago. Shortly after he and his date (15) arrived at a party the police showed up and gave everyone 17 and over a document stating they might be summoned to court for serving alcohol to minors. There was alcohol at the party however my son and his date were not drinking (they both volunteered to take breathalyzer tests and were refused).
He has since received a notice with options to enter a pre-trial intervention program or go to court and possible have this on his permanent record. My question is, does he have any chance in court or should he simply choose the pre-trial option and pay the $200.00 administrative expense?
It is my belief that he should not have to choose either. As stated earlier he and his date were not drinking and just happened to be at a young peoples gathering where there was alcohol. Does this mean that that anywhere (ball games, parties, concerts & dances etc.) is off limits now because there just might be someone there drinking alcohol? If so, that means his social life will be limited to church and the library�oh wait, isn't that wine they serve in church!
Thanks and I�d appreciate any feedback,
Will G.
2 Answers from Attorneys
Re: Contributing to a minor
This apparantly is a test case for a loophole in the drinking underage law that the legislature is trying to close. In B.R., you only get one shot at pretrial. In a similar case recently, I scoured the arresting officer's report and could not find where my client did anything wrong except be in the wrong place at the wrong time. The city proscutors office agreed to drop the charges after I met with the chief assistant.
Re: Contributing to a minor
I cannot take your place as parent, so that part you will have to handle. However, from a legal standpoint, you certainly can win IF the version you got is the truth. The easy way would be to pay the money, but right is right, and now you have another decision. I believe the thing is a misdemeanor anyway, and in today's society, not that big a deal.
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