Legal Question in Criminal Law in New York

possession of alcohol under 21

My friends were caught on the street

for possession of alcohol. I was in the

store with other friends who also had

alcohol, but we were not caught by

the cops. One of my friends who got

caught said the officers wanted all of

us to come back. I did not have

alcohol on me, but i got a summons

for possession of alcohol. I have to

appear in court in a month. What is

most likely going to happen?


Asked on 2/10/08, 6:49 pm

3 Answers from Attorneys

Robert Evans Robert S. Evans esq.

Re: possession of alcohol under 21

It is not really serious as described. The officer writes a statement on the reverse side of the summons,which is the court copy, if the statement makes out probable cause then you plead either guilty or not guilty. In most cases the penalty is a fine without a criminal record. I handle matters such as this for nominal fees. You may contact my office@7188340087 for a free phone consultation.

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Answered on 2/11/08, 12:01 pm
Steven Czik CZIK LAW PLLC

Re: possession of alcohol under 21

You should have a lawyer with you just to ensure your case is handled as harmlessly as possible and that all your rights are preserved.

This area of law is our specialty, and our fees are very reasonable, however, we would need some more information before making a complete and proper determination. You are welcome to contact us for a free consultation.

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STEVEN J. CZIK, P.C.

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New York, New York 10013

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The information provided by The Law Offices of Steven J. Czik (LOSJC) is for general educational purposes only. There is no attorney-client relationship established by this communication and no privilege attaches to such communication. LOSJC is not taking and will not take any action on your behalf and will not be considered your attorney until both you and LOSJC have signed a written retainer agreement. There are strict deadlines, called statutes of limitation, within which claims or lawsuits must be filed. Therefore, if you desire the services of an attorney and decide not to retain LOSJC on terms acceptable to LOSJC, you are advised to immediately seek the services of another attorney.

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Answered on 2/11/08, 12:54 pm
Anthony Colleluori The Law Offices of Anthony J. Colleluori & Associates PLLC

Re: possession of alcohol under 21

As the officer did not see you nor did you possess alcohol you should plead not guilty. Further did the Officer field test the items he found? I hope you didn't make an admission that you had possessed the alcohol or that you had been drinking. It is not illegal to stand with someone underage who is drinking. It is illegal to possess the alcohol yourself.

You will probably receive a knock down to an ACOD or ACD which will adjourn your case for 6 months and then it will be dismissed. There may be community service involved as well and it could be reported to your school.

I would contact a lawyer and go with them to the court appearance. While the ticket isn't much, the ramifications of it being handled poorly are enormous.

If you would like to contact me about representing you, you may contact me by following the links below.

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Answered on 2/10/08, 9:23 pm


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