Legal Question in Criminal Law in Massachusetts

Minor in Possesion of Alcohol

A house party is broken up by police. About 25-35 minors under 21 are told to stand in front of the house. No one was allowed to leave before having their physical description, name, d.o.b., and s.s. # verified. Inside the house are empty cans and bottles of alcohol. Only a few full cans of beer were found in a bag. No one is seen by the police carrying any alcohol. When the group is questioned and no one will answer to whom the alcohol belonged the officer stated that everyone at the party would be charged with Minor in Possession of Alcohol. The police let people leave with those they came with after the drivers submitted to and passed a breathalizer test. Only the drivers were given a sobriety test. Those at the party have a court summons to determine if the issuance of a complaint of the folowing offense - Liquor, Person Under 21 Posses, M.G.L. Chapter 138 Section 34C- should be granted.

Can the whole group be charged with this offense?

What evidence might be needed to prove Possession of Alcohol?


Asked on 7/30/04, 5:56 pm

1 Answer from Attorneys
Joseph Murray Joseph M. Murray, Esq.

Re: Minor in Possesion of Alcohol

Complaints may be issued against all those for whom the clerk/Magistrate finds probable cause, (likelihood crime committed by that person). But only those found guilty beyond a reasonable doubt (a much higher standard) can be convicted.

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Answered on 7/31/04, 7:25 pm


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