Minor in Possession of Alcohol

To prove that a defendant is guilty of the crime of “possession of alcohol by a person under 21,” the prosecution must prove that:
(1) the defendant unlawfully possessed an alcoholic beverage on a street, highway, in a public place, or in a place open to the public, AND
(2) at the time, the defendant was under 21 years old.

Two or more persons may possess something at the same time. A person does not have to actually hold or touch something to possess it. It is enough if the person has control over it, or the right to control it, either personally or through another person. (CALCRIM No. 2960; Cal. Business and Professions Code §25662)

There are many different crimes related to minors and alcohol. The specific crime charged will depend on the facts and circumstances of each case and the prosecution’s theory of the case. The elements explained above only relate to the crime of possession of an alcoholic beverage by a person under 21, commonly called a “minor in possession” or an “MIP,” and are intended to provide general information regarding the most common issues presented in such cases.

If you or someone you love has been accused of possessing alcohol as a minor, you need an experienced California criminal defense attorney on your side. We frequently handle juvenile criminal matters and we can help you too. Call The Scranton Law Firm and speak with one of our attorneys today. Consultations are always free!