Legal Question in Criminal Law in New Hampshire

Re: hositng under age drinking

Hosting an underage drinking party is a misdemeanor. The police may elect to charge as either a class "A" (punishable up to 12 months at the county jail and a $2000.00 fine) or a Class "B" (punishable up to a $1,200.00 fine but no jail time).

To prove the offense, the police must prove that the person owns or has control of the occupied structure, dwelling, or curtilage, where a drug or underage alcohol house party is held and such person knowingly commits an overt act in furtherance of the occurrence of the drug or underage alcohol house party knowing persons under the age of 21 possess or intend to consume alcoholic beverages or use controlled drugs at such drug or underage alcohol house party.

A “drug or underage alcohol house party” means a gathering of 5 or more people under the age of 21 at any occupied structure, dwelling, or curtilage, who are unrelated to the person who owns such occupied structure, dwelling, or curtilage or has control thereof, where at least one person under the age of 21 unlawfully possesses or consumes an alcoholic beverage or controlled drug.

It these cases, it is common for the police to enter the home illegally. If the police do enter the home illegally, then the evidence that they obtained could be kept out of court.

WARNING AND DISCLAIMER: This response is provided for general informational purposes only. It is not a substitute for speaking to an attorney qualified and experienced in criminal defense. This response does not establish an attorney-client relationship. Reliance on this information without seeking advice from an attorney could be harmful. Beyond jail and fines, criminal charges often carry unforeseen collateral consequences impacting employment, security clearances, military service, student loans, drivers license, possession of firearms and voting. If you are the subject of a criminal investigation, under no circumstances should you speak to the police without consulting an attorney. Criminal charges are serious, speak to an attorney!