Legal Question in Criminal Law in South Dakota

A friend of mine was with some friends of his while they were out drinking, he was not drinking and I guess that they were busted. he didn't consume and of the alcohol and he didn't own any of it. He was still charged with a minor in possession and now has a fine to pay(Which means I have a fine to pay). But, it seems to me that they shouldn't be able to charge him for something like that. Answers?


Asked on 4/05/12, 2:30 pm

1 Answer from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

In this context, to "possess" an item means to have it in one's possession, custody or control. The charge does not mean, or even suggest, that you own the item.

It is easy to possess alcohol that you aren't drinking and don't own. If I hand you my beer and you take it, you're in possession of alcohol. So even if your friend merely held someone else's drink for a while, he's guilty.

Prosecutors often won't charge someone for just holding a drink, but the decision is theirs. They are much more likely to charge someone who they see as a troublemaker. Or they might believe he really was drinking. They might even be right.

And I have no idea why you feel you have to pay your friend's fine.

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Answered on 4/05/12, 2:37 pm


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