Illegal Possession or Consumption of Alcohol or Marijuana by an Underage Person | UNC Lawyer in Greeley

Being in Greeley, home of the University of Northern Colorado, our lawyers commonly see Illegal Possession or Consumption of Alcohol or Marijuana by an Underage Person accusations and charges. We know how it goes, young adults go to a party or ask their older friends to supply alcohol or weed for them. But next thing you know, you've been charged for a crime that will permanently be on your criminal record if you get convicted. Don't tell the police or confess to anything. The right to remain silent is your only friend in this scenario, because anything you tell the police, WILL be used against you. Cops don't care about your innocence. They care about exercising their power over you. Call a professional and experienced juvenile defense attorney to protect you and your freedoms.  Don’t let a criminal conviction impact your standing in college.

What is Illegal Possession or Consumption of Alcohol or Marijuana by an Underage Person in Weld County, C.R.S. 18-13-122?

In Weld County, the definition of Illegal Possession or Consumption of Alcohol or Marijuana by an Underage Person, C.R.S. 18-13-122, according to Colorado law, is:

So basically, if you are under 21 years old, and you get caught either drinking, smoking weed, have weed on your person, or have marijuana paraphernalia, you will be charged by Greeley police.

What is the Punishment for Illegal Possession or Consumption of Alcohol or Marijuana by an Underage Person in Longmont and Greeley?

If you're underage, and you're facing an Illegal Possession or Consumption of Alcohol or Marijuana by an Underage Person in Longmont or Greeley, you will likely be facing an unclassified petty offense. The minor will be asked to pay a fine of up to $100 or the Weld County Court will mandate the minor participate in a substance abuse education program.

When this is a minor or young adult's second offense, the court will mandate:

• A fine of not more than one hundred dollars
• Complete a substance abuse education program
• If determined necessary and appropriate, the minor submit to a substance abuse assessment and complete any treatment recommended by the assessment
• The minor perform up to twenty-four hours of useful public service, subject to the conditions and restrictions specified in section 18-1.3-507.

When it is a minor or young adult's third offense:

• A fine of up to two hundred fifty dollars
• The minor submit to a substance abuse assessment and complete any treatment recommended by the assessment
• They perform up to thirty-six hours of useful public service, subject to the conditions and restrictions specified in section 18-1.3-507.

Illegal Possession or Consumption Exceptions to the Weld County Law

In special exceptions, the Illegal Possession or Consumption of Alcohol or Marijuana by an Underage Person law in Weld County will not be charged against a minor. Even if Greeley police know this law is being broken, they will not arrest you. These circumstances are very complex and if you think your child's case might fall into these exceptions, it is best to contact an experienced Juvenile Crime attorney who can navigate the case with you.

Generally, if these conditions are met, then there is a fighting chance for the case to get dismissed.

• The teen was on private property, drinking with parental consent, while the parent or legal guardian is present, in addition to the land owner's consent
• They consumed alcohol due to eating a confectionary that contained the alcohol, or ingested a substance which was manufactured, designed, or intended solely for medicinal or hygienic purposes
• The accused is a student who:
  • Is enrolled in the University of Northern Colorado or post-secondary school (i.e. not a high school student)
  • Has a taste, but is not drinking, the alcohol under supervision of an instructor who is 21 or older, and is employed by a college, trade school, or community college (post-secondary).
  • Is participating in a culinary arts, food service, or restaurant management degree program
  • Tastes, but is not drinking, the alcohol for instructional purposes
• Possession of alcohol or marijuana is not a violation of this law if it is for religious purposes
• An underage person is immune from arrest if they:
  • Call 911 and reported that another underage person needed medical attention due to alcohol or weed consumption
  • Provide their name to the 911 operator when they call
  • Were the first person to make the 911 report
  • Made the 911 call and stayed on the scene with the underage person who required medical assistance until said assistance arrived and cooperated with all personnel on the scene
  • Are the person who needed medical help, and all the above conditions were met

Sealing your Juvenile or Young Adult's Criminal Record in Erie and Johnstown

If your child has been convicted in Erie, its likely that Sealing their Record in Johnstown won't pose an issue. For Illegal Possession or Consumption of Alcohol or Marijuana by an Underage Person, the court will order for the case to be sealed if certain requirements are met. The person needs to complete their deferred judgment or diversion or other action resulting in dismissal or upon completion of the court-ordered substance abuse education and payment of any fine for a first conviction. If you need help with sealing your child's record, contact the O'Malley Law Office today!

Why You Need a Juvenile Crimes Attorney

Anytime your teen has been accused of any crime, you need an attorney with a strong history of defending juveniles. The last thing you want is for your child to enter "real" life with a criminal record following them around. You don't want this to limiting their housing, employment opportunity and even your child's future education opportunities. You need an attorney who has successful experience protecting other kids from the harsh punishments of the law. Call our office for a free initial consultation where we can discuss the specifics of your child's case.