Legal Question in Criminal Law in Pennsylvania

Underage Consumption and Possession

I was recently at in concert, after the concert my friends and I were in the parking lot drinking. Two men pull up in a non-police vehicle and identify themselves as State Police officers. They ask me my age and I tell them that I am 20, not wanting to lie. They then procede to take all my information and write me a citation for underage possession and consumption. I cooperated with them 100%. I did not recieve a breathalizer test or any form of sobriety check. I would like to know if it would be benificial for me to take my case to court and if I could win. If I go to court, would I need a lawyer? What would they have to do to prove me guilty? If they make any mistake on my citation, would that make a difference? I have never been in a situation like this before, so any type of advie would be greatly appreciated.


Asked on 7/08/07, 11:53 pm

3 Answers from Attorneys
John Gibson John W. Gibson, Esquire

Re: Underage Consumption and Possession

You should get an attorney. It is important to have one present with you at the Preliminary Hearing because the Magisterial District Judge can get you into a diversionary program where you won't have a record if you complete the program. If you waive the Preliminary Hearing you may be making a serious mistake.

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Answered on 7/09/07, 3:24 pm
Charles A. Pascal, Jr. Law Office of Charles A. Pascal, Jr.

Re: Underage Consumption and Possession

If they saw you possess alcohol, that is enough to charge you with underage.

You should plead not guilty and see if the officer will give you a break (e.g., a plea to disorderly conduct), because underage would require a license suspension.

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Answered on 7/11/07, 11:00 am
Daniel Cevallos Cevallos & Wong, LLP

Re: Underage Consumption and Possession

You should definitely contact a lawyer. Feel free to e-mail me directly, so you don't have to call the office. The problem with these cases is that they can really affect your right to drive or other rights later on. You should definitely get private counsel.

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Answered on 7/09/07, 10:03 am


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