Legal Question in Criminal Law in Maryland

Im going to be tailgating at a concert and am under 21. If i am acting fine and have the alcohol in a unmarked container ( like a red cup ) or something and a cop questions me. do i have to answer? can i just walk away? how should i go about this


Asked on 8/11/10, 3:49 pm

1 Answer from Attorneys
William Welch William L. Welch, III Attorney

If a person under 21 possesses alcohol, then that person runs the risk of being arrested and charged. You do not have to say anything, but he police may detain you, if the officer has probable case. Whether the officer had probable cause will be decided by a judge when your case goes to court after you have been arrested and charged. In addition, no one is allowed to have an open container of alcohol or consume it in public. Those are jailable offenses too.

You should "go about this" by waiting until you are of age and obeying the law. No lawyer may advise you how to go about violating the law and how to get away with it. The law says that lawyer loses his or her license to practice.

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Answered on 8/16/10, 4:14 pm


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