Top Felton, DE Minor in Possession Lawyers Near You

Minor in Possession Lawyers | Smyrna Office | Serving Felton, DE

22 South Market Street Plaza, Smyrna, DE 19977

Minor in Possession Lawyers | Dover Office | Serving Felton, DE

19 South State Street, Suite 100, Dover, DE 19901

Minor in Possession Lawyers | Dover Office | Serving Felton, DE

308 South State Street, Dover, DE 19901

Minor in Possession Lawyers | Dover Office | Serving Felton, DE

34 The Green, Suite G, Dover, DE 19901

Minor in Possession Lawyers | Dover Office | Serving Felton, DE

46 The Green, Dover, DE 19901

Minor in Possession Lawyers | Dover Office | Serving Felton, DE

250 Beiser Boulevard, Suite 202, Dover, DE 19904

Felton Minor in Possession Information

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Find a Minor in Possession Attorney near Felton

How Do I Get a Minor in Possession?

Someone who is under the age of 21 can get a minor in possession (MIP) charge if they are found to be in possession of alcohol in public. In many cases, an MIP charge comes from being in the wrong place at the wrong time. Examples of how someone gets a minor in possession charge include:

  • Driver is pulled over with an open container of alcohol in the vehicle
  • Police bust a party where underage people are drinking alcohol
  • College student is caught with a flask of alcohol
  • Underage person used a fake ID to buy beer from a convenience store

In general, it is against the law for someone under the age of 21 to consume or be in possession of alcohol. It is also against the law for someone to furnish alcohol to a minor or buy alcohol for someone under 21. The term “minor” generally refers to someone who is under the age of 18 and not an adult. However, minor in possession laws can still target an adult who is 18 years old but is still not of age to buy alcohol.

Some police activity involves searching for and busting minors who have an alcoholic beverage. However, most cases involving an MIP charge occur when the police are responding for some other reason and encounter a minor with alcohol in their possession, including:

How Bad Is a Minor in Possession?

A minor in possession charge can be an infraction or a misdemeanor. In many cases, an MIP is treated as an infraction with a fine. As a misdemeanor, an MIP charge could but rarely involves jail time. The possible penalties involved with a minor in possession charge include:

  • Jail time
  • Fines
  • Alcohol education program
  • Community service
  • Probation
  • Driver’s license suspension

Does a Minor in Possession Affect Car Insurance?

In general, an MIP charge will not affect your car insurance. However, if you are found in possession of alcohol while driving and charged with an underage DUI, it may increase your insurance rates. A DUI can stay on your driving record for years and could impact your insurance premiums. Some car insurance companies will drop coverage and no longer insure someone after a DUI.

There is generally a zero-tolerance policy towards underage drinking and driving. An adult with a blood alcohol level of 0.08% may be considered impaired. However, drivers under the age of 21 can get an underage DUI with only a trace amount of alcohol in their system. If an MIP involves an underage drunk driving charge, it can affect the driver’s car insurance rates.

Will a Minor in Possession Show Up on a Background Check?

A background check can show the individual’s prior criminal history, including arrests, convictions, active warrants, and infractions. Someone may have to undergo a background check for employment, housing application, professional licensing, or to become a Lyft or Uber driver. In general, a prior conviction for a minor in possession will show up on a background check.

Some criminal charges can be expunged or sealed. A public background check may not show criminal charges that were expunged or where the individual’s records are sealed. However, law enforcement and government agencies have greater access to an individual’s criminal history than the public. The court or police department may still be able to see a prior minor in possession charge.

How Do I Avoid an MIP?

In some cases, a person is accused of being a minor in possession because the police officers don’t have evidence of any other crime. When someone under the age of 21 is found in the presence of alcohol, it is easy for the police to charge them with an MIP charge. The penalties may be small but it still can carry a criminal record. Before just paying the fine or pleading guilty, talk to a criminal defense attorney for legal advice.

There may not be a lot of evidence for the prosecutor, which is why prosecutors generally try and get a plea bargain. There are several possible legal defenses to an MIP charge, including:

  • Someone else was in possession of the alcohol
  • The alcohol was in the possession of an adult
  • There was an emergency defense for calling the police
  • The police conducted an unlawful search in violation of the defendant’s Fourth Amendment rights

Do I Need a Lawyer for a Minor in Possession in Delaware?

A minor in possession charge may not seem like a big deal but it can have long-term consequences. An MIP charge can show up on your criminal record. This may require you to declare the prior arrest and explain the situation. Even if it is not a major crime, it may not leave a good impression when you have to explain a prior criminal arrest. You may be able to avoid a criminal conviction with the help of an experienced criminal defense lawyer.

Top Questions to Ask When Hiring an Attorney

  • How many years have you been practicing law? How long have you practiced law in the local area?
  • How many cases similar to mine have you handled in the past?
  • What is the likely outcome for my case?

In legal practice, experience matters. An experienced attorney will likely have handled issues similar to yours many, many times. Therefore, after listening to your situation, the attorney should have a reasonable idea of the time line for a case like yours and the likely resolution.

The Importance of a Good Consultation

The goal of an initial consultation is to find an attorney you are comfortable working with and someone who can help you understand your options under the law. Seek to understand the relevant legal experience the attorney brings to your case. While it is not realistic to expect an attorney to resolve your legal issue during an initial consultation, you should gain a level of comfort with his/her ability to do so. A good consultation can clarify issues, raise pertinent questions and considerations for your case, and help you make an informed decision towards resolving your legal issue.

Types of legal fees:

Bill by the hour: Many attorneys bill by the hour. How much an attorney bills you per hour will vary based on a number of factors. For instance, an attorney’s hourly fee may fluctuate based on whether that hour is spent representing you in court or doing research on your case. Attorneys in one practice area may bill you more than attorneys in a different practice area.

Contingent fee: Some lawyers will accept payment via contingent fee. In this arrangement, the lawyer receives a percentage of the total monetary recovery if you win your lawsuit. In sum, the lawyer only gets paid if you win. Contingent fee agreements are limited to specific practice areas in civil law.

Flat fee: For “routine” legal work where the attorney generally knows the amount of time and resources necessary to complete the task, he/she may be willing to bill you a flat fee for services performed.

Common legal terms explained

Affidavit – A sworn written statement made under oath. An affidavit is meant to be a supporting document to the court assisting in the verification of certain facts. An affidavit may or may not require notarization.

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