Legal Question in Criminal Law in Virginia

underage possession of alchol

A 20 year old male was arrested and taken to jail. Charges: underage possession and drunken in public. First offense other than a speeding ticket. Male is a college student, works and is self-supporting. Parents live out of town and do not help in any way. Does he need a lawyer in court (he cannot afford one)and what type of punishment is usually imposed in this type of situation? Thank you so much for your help. I'm just trying to help this young man out and keep him on the right track.


Asked on 10/20/02, 9:12 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: underage possession of alchol

Although unlawful possession of alcohol by a minor is categorized as a Class I misdemeanor, it

does not appear to be a jailable offense as the

penalty specified in the statute(S4.1-305) is a $500 fine or 50 hours of community service.

However, I believe that you may still be eligible

for a court-appointed attorney and you should

request that one be appointed.

The DIP (drunk in public)charge, as far as I know,

no longer qualifies as a charge for which counsel must be appointed.

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Answered on 10/21/02, 9:47 am


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