Legal Question in Criminal Law in Texas

Minor In Possession - Constructive Possession

I'm 19 and was recently issued a citation for minor in possession of alcohol. I went to meet some old friends on private property (the pool of an apartment complex) and when I arrived several of them were drinking from a bottle of vodka. I did not drink any alcohol, nor did I touch any container or have any drink near me. When the police arrived I was given a breathalyser test which showed 0.0, but I was still issued a Minor in Possession of Alcohol citation. I have no previous citations or arrests, except for a speeding ticket.

On a somewhat related note, the owner of the alcohol concealed the bottle when he saw the police arrive. Her personal property was moved to reveal the bottle, and I'm not sure if this constitutes search without a warrant.

My question is this: Have I any chance of disputing the charge of constructive possession, or am I simply guilty by association? I would like to take the issue to court but the owner of the complex was vehement that if I did he would push to get me the maximum penalty. I want to be certain I have a proper chance.

Thank you.


Asked on 5/21/08, 4:30 am

1 Answer from Attorneys
TC Langford Langford Law Office

Re: Minor In Possession - Constructive Possession

First, if you have had any conversations with the owner of the complex, stop.

Secondly, if you plead no contest, you might get deferred, which could later be expunged if you do not get into any more trouble. Alternatively you could represent yourself, or even better, hire a lawyer to contest the charges. There are many factors that govern a decision to plead or go to trial. You should at least consult with an attorney with all of the facts of the case.

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Answered on 5/21/08, 7:50 am


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