Seaside Heights NJ Underage Alcohol Possession Attorney

Underage Possession of Alcohol Lawyers in Seaside Heights

Seaside Heights may be the busiest summer destination for young adults on the Jersey Shore. A reality that comes with this attraction is possession and consumption of alcohol by those underage, false identification usage and a host of other charges like disorderly conduct. The police, prosecutor and judge in Seaside Heights are all well aware this alcohol issue and are tough on those who are caught possessing or consuming alcohol when they are under twenty-one, the legal drinking age. These municipal court cases often start with the issuance of a disorderly persons offense for violation of N.J.S.A. 2C:33-15 (“Possession, consumption of alcoholic beverages by persons under legal age”), a charge that results in a criminal record and associated penalties upon conviction. Thankfully, the lawyers of our firm are almost always able to get underage possession of alcohol charges downgraded, if not dismissed, so that our client avoids the consequences of a guilty finding. Several attorneys on the staff of Law Offices of Jonathan F. Marshall have served as prosecutors, including in approximately 15 Ocean County municipal courts. Give our Toms River Office at 732-286-6500 to learn exactly how an attorney can help you.

Possession of Alcohol Underage in Seaside Heights

As previously stated, N.J.S.A. 2C:33-15 governs possession of alcohol by someone who is under legal drinking age. The obvious goal of this law is to enforce the legal drinking age of 21 by penalizing those who consume or possess alcoholic beverages when they are too young. In this regard, the language contained in this law provides that “[a] ny person under the legal age to purchase alcoholic beverages who knowingly possesses without legal authority or who knowingly consumes any alcoholic beverage in any school, public conveyance, public place, or place of public assembly, or motor vehicle, is guilty of a disorderly persons offense.”

What Does The Prosecutor Have To Prove To Obtain A Conviction Under 2C:33-15?

In order to convict someone of violating 2C:33-15, the police and prosecutor must establish, beyond reasonable doubt, that the accused was underage, possessed or consumed alcohol, and that this activity took place in public, whether in a motor vehicle, street, porch or backyard. Unless each and every one of these elements are proven, the state has not sustained its burden of proof and cannot obtain a conviction.

What Are The Penalties For Underage Alcohol Possession in Seaside Heights?

While the fine is limited to $500 under this law, a conviction results in a criminal record that will show up on a background check. In addition, the Judge has discretion as to whether to suspend the minor’s drivers license. The license suspension is mandatory if the minor is convicted of possession/consumption in a minor vehicle. In addition, every individual convicted under 2C:35-15 may be ordered to participate in an alcohol education or treatment program for a period of up to six (6) months.

How Can You Avoid A Criminal Record For Underage Alcohol Possession or Consuming Alcohol While Under 21?

Obviously, if you successfully try your case and win, you can avoid a conviction and the commensurate penalties. A trial is, however, risky because if you lose you will have a record that cannot be expunged for a minimum period of five (5) years. The safer option is to retain an attorney who has a long history of success in defending 2c:35-15 charges in Seaside Heights like those at Law Offices of Jonathan F. Marshall. We have been able to achieve a downgrade to Seaside Heights Municipal Ordinance 17-10 (“Purchase, Acceptance or Consumption by Minors Prohibited”) in the vast amount of these cases, something that leaves no criminal record, doesn’t give rise to a drivers license suspension nor mandate up to six (6) months of treatment.