Top New Orleans, LA Minor in Possession Lawyers Near You
504 Huey P. Long Ave, Gretna, LA 70053-6028
A law firm in New Orleans, Louisiana, Law Office of Ryan N. Cox experienced in helping clients with Minor in Possession issues.
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400 Poydras St, Suite 2400, New Orleans, LA 70130
400 Poydras St, Suite 1990, New Orleans, LA 70130
3309 Williams Blvd, Kenner, LA 70065
700 Camp Street, Suite 216, New Orleans, LA 70130
505 Weyer St, Gretna, LA 70053-6031
3850 N. Causeway Blvd, Suite 1500, Metairie, LA 70002
3850 North Causeway Blvd, Suite 630, Metairie, LA 70002
336 Lafayette St., Suite 301, New Orleans, LA 70130
238 Huey P Long Ave, PO Box 484, Gretna, LA 70054-0484
201 St. Charles Avenue, New Orleans, LA 70170-5100
701 Magazine Street, New Orleans, LA 70130-3629
601 Poydras Street, 24th Floor, New Orleans, LA 70130
3500 North Hullen Street, Metairie, LA 70002-3420
210 Huey P Long Ave, Gretna, LA 70053-5816
2300 Energy Centre, 1100 Poydras Street, New Orleans, LA 70163-2300
700 Camp Street, New Orleans, LA 70130
70439 Courtano Drive, Covington, LA 70433-5277
909 Poydras Street, Suite 1600, New Orleans, LA 70112
909 Poydras Street, Suite 3150, New Orleans, LA 70112-4042
530 Powder St, Suite 3, New Orleans, LA 70114
3015 Magazine St, New Orleans, LA 70115
1100 Poydras Street, Suite 2950, New Orleans, LA 70163
2217 2nd Street, Slidell, LA 70458-3611
201 St. Charles Avenue, Suite 3600, New Orleans, LA 70170-3600
New Orleans Minor in Possession Information
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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:
- Traffic stops
- Car accidents
- Noise complaints
- Shoplifting
- Crisis response
- Assault
- Harassment
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 Louisiana?
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.