Minors partying, drinking, and making bad choices is something that frequently happens. If these teenagers are caught, they can be charged with Minor in Possession of Alcohol or Marijuana in Weld County. It is important to know details of the charges against your child and hire a skilled criminal lawyer to help navigate the court system. You need an outcome which will not permanently scar your child’s record and prevent them from having a complicated employment search.
What is the Greeley Definition of Minor in Possession of Alcohol Attorney (MIP) C.R.S. 18-13-122?
The Greeley, Colorado law definition of Minor in Possession – C.R.S. 18-13-122 – is:
(b) Except as described by section 14 of article XVIII of the Colorado constitution and section 18-18-406.3 , a person under twenty-one years of age who possesses one ounce or less of marijuana or consumes marijuana anywhere in the state of Colorado commits illegal possession or consumption of marijuana by an underage person. Illegal possession or consumption of marijuana by an underage person is a strict liability offense.
(c) Except as described by section 14 of article XVIII of the Colorado constitution and section 18-18-406.3 , a person under twenty-one years of age who possesses marijuana paraphernalia anywhere in the State of Colorado and knows or reasonably should know that the drug paraphernalia could be used in circumstances in violation of the laws of this state, commits illegal possession of marijuana paraphernalia by an underage person. Illegal possession of marijuana paraphernalia by an underage person is a strict liability offense. A defense to this “strict liability offense” would be that the statute also requires knowledge or that you should have had knowledge.
This simply means that, it is illegal for a person under 21 in Colorado to possess or consume ethyl alcohol (alcoholic beverages like beer, wine, or liquor), marijuana, or drug paraphernalia. An MIP is a strict liability offense, which means proof of intent to possess, or knowledge of possession, is generally not an element of proof.
It is important to note, minor possession of marijuana paraphernalia is illegal only when the defendant knows it that the paraphernalia could be used to consume pot. Paraphernalia, however, can include everyday items such as bowls or tin foil.
What is a Strict Liability Offense in Weld County?
In Weld County, a Strict Liability Offense is where the prosecution only has to prove that you committed the crime and not the intent or the state of mind behind the crime. These crimes are harder to defend but not impossible when you have an experienced criminal lawyer who knows the court system.
What is the Sentence or Punishment for MIP in Greeley, Colorado?
In Greeley, Minor in Possession of Alcohol (MIP) is considered a petty offense and is punished based on the number of prior convictions:
- 1st Offense – fine of up to $100, substance abuse education program participation, or both.
- 2nd Offense – fine of up to $100, substance abuse education program participation, submit to a substance abuse assessment and complete any recommended treatment, and up to 24 hours of community service.
- 3rd or Subsequent Offense – fine of up to $250, submit to substance abuse assessment and complete any recommended treatment, and 36 hours of community service.
While MIP is a petty offense, it is important to keep our client’s record either sealed or as clean as possible. A criminal record can affect many areas of life including education and employment. To do this, we often try to push for the minor to obtain an arrangement where they will not have a permanent record.
Defenses for Minor in Possession in Weld County | How to Find a Lawyer for MIP Charges in Greeley
In Weld County, there are a few defenses to a Minor in Possession, here are some examples:
- There was a parent or guardian present and they gave consent at the time of consumption and the minor was on private property.
- The minor consumed the substance due to a religious purpose, such as communion.
- The alcohol was intended for medical or hygienic purposes.
- The minor was under the supervision of an instructor while attending a cooking or food service program.
If you wonder how to find an MIP lawyer in Greeley, give us a phone call. We offer a free consultation and can give you some direction. Our attorneys are glad to be at your child’s side when speaking with a judge and District Attorney.
If your minor child has been charged with Minor in Possession of Alcohol, be smart, and do not let them talk to the Greeley Police. Instead, have them remain silent and contact the best criminal defense lawyers from the O’Malley Law Office at 970-616-6009 today. Together, we can protect your child’s future.
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