Legal Question in Criminal Law in Massachusetts

minor in possession of alcohol in MA

i got a person under 21 posses liquor C 138 S 34C summons which i'm pretty sure is just a minor in possession of alcohol. I was helping my friend who had a broken shoulder go get it and carry it back. I am under 21 and was carrying the beer when the undercovers stopped us, after they followed us back from the store. I have no priors and am in the business school at UMass currently. I have completed the alcohol program BASICS at UMass also. Do you think this is enough where I should just get a CWOF? Also my dads plan is to go and explain my story, and if they still don't give it to me get a lawyer for the second trial, but i was wondering if that would be too late?


Asked on 4/07/09, 11:47 am

1 Answer from Attorneys

Re: minor in possession of alcohol in MA

A CWOF requires an admission to the elemeenst of the offense sufficient to support a finding of guilty. Here you imply that you have an Alibi witness (a person over 21 who was asking you to carry/load the alcohol that he legally and lawfully possessed). It sounds like the undercovers were over-zealous... this is no different thean having an adult ask a minor to grab him or her a beer out of the refrigerator... you would not arrest or criminally charge the minor if theypicked up the can of beer and carried it to the back porch, would you?

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Answered on 4/07/09, 11:58 am


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