Legal Question in Criminal Law in Texas

under 21 & making alcohol availabe to another minor

On 02/01/05 my son turned 20 he was arrested from his work place on 02/02/05 for ''making alcohol available to a minor''

this supposedly happened when he was 18 he was not old enough then or now to purchase alcohol. Is this a new law and why such a delay in the arrest? He had to spend the night in jail due to the arrest being at 8:36pm and I've been unable obtain any additional info as to where and when this occurred as of yet. I just would really appreciate any additional information as to what his rights are and why this was handled in this manner. The arresting officer came to my home where my son no longer lives when I explained this the officer said he just wanted to ask him some questions about something that happened a year ago.I then called my sons cell and got voice mail so I got the officer's name, told him I would try to locate my son and have him call. About an hour later I found my son and gave him the info he called the officer and was told he was coming up to his job to ask him some questions at that time my son was arrested

I feel this was not handled in a timely or professional manner. Is this a valid charge what are my son's rights?

Thank you in advance for your prompt Response

The Mom


Asked on 2/03/05, 6:57 pm

1 Answer from Attorneys
ERICK PLATTEN LAW OFFICE OF ERICK PLATTEN

Re: under 21 & making alcohol availabe to another minor

Here are the answers to your questions:

a) This is not a new law it has been around for many years and minors can contribute alcohol to minors.

b) The state has up to two years from the date of the offense to bring a charge against your son. There is a two year statute of limitations period for the state to file there case.

c) The fact your son was not arrested for a year is suspicious. This fact should be used against the officers to show a poor investigation.

d) When you hire an attorney he will be able to obtain the complaint and information (the state's charging instruments) and they will state who where and when your son provided alcohol to a minor. Or if your want to, you can go to the county clerk where the case is filed and review through the file and have the clerk copy the complaint and information for you.

e) This is a serious offense in the sense that the punishment range is up to a year in jail and or a $4,000 fine. But don't get upset because your son most likely is eligible for probation. I say most likely because to be eligible for probation you cannot have a prior criminal record that includes a felony conviction.

I've handled many of these cases successfully and if I could give you any advice at this point it would be to NOT TALK TO THE POLICE. Talking to them about the facts is only going to give them more evidence to work with. Your son has the right to an attorney to represent him and I advise that you utilize that right as soon as possible.

If I can be of any further help feel free to contact me at my office or visit my website at TylerJustice.com.

office: 903-593-9100

mobile: 903-570-8248

Sincerely,

ERICK PLATTEN

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Answered on 2/04/05, 2:19 am


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