Legal Question in Criminal Law in North Dakota

Minor in posession of alcohol

I am 19 years old and was subjected to a probation search in my home where I live with my Mother.

The officer involved in the search found and charged me with a minor in posession because a miniture bottle of Tequila ( seal broken ) found in my bedroom.This actual bottle of alchol was left in my room by my 27 year old brother who stayed in my room durng the holidays, am I responsible for this full bottle. I was handcuffed and taken to jail and had to post bond before I could leave..I was not read my rights,I want to know if I did something wrong and what would be my course of action in resolving this.

Thank You


Asked on 2/02/01, 1:02 am

1 Answer from Attorneys

Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Re: Minor in posession of alcohol

Two of the universal conditions of probation are that you (1) not consume/possess alcohol, and (2) not commit a crime while on probation.

It is not important that you were not advised of your Miranda rights if you did not give a statement to the PO or the police.

You will be given a hearing. Have your brother attend and accept responsibility for the Tequila.

Good luck.

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Answered on 3/16/01, 10:17 am


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