Do we need an attorney for an underage drinking charge in Texas? 3 Answers as of May 12, 2011

My son was given a minor in possession citation because he was in a room with alcohol present. The officer said that he only was cited because he was present. In his opinion he had no indication he had drank any alcohol and he definitely was not intoxicated. He is supposed to come home for the Christmas break, we do not know whether to have him plead guilty or have an attorney help him?

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Bristol & Dubiel LLP
Bristol & Dubiel LLP | Murray L. Bristol
I would recommend getting an attorney because if he pleads guilty to the MIP charge it will be on his record. Further, he may have drivers license suspension issues as well. If he pleads to a deferred probation, he may preserve his right to later expunge this charge from his record.
Answer Applies to: Texas
Replied: 5/12/2011
Judin & Rogers
Judin & Rogers | Hank Judin
The answer is usually yes. Handled properly, it can be dismissed and expunged when your son turns 21.
Answer Applies to: Texas
Replied: 5/10/2011
The Purnell Law Firm
The Purnell Law Firm | Simon Purnell
Whenever the state is charging you with a a crime, it is good to have an attorney help out. Depending on the circumstances, the state inevitably will try to pursue the citation to a conviction for minor in possession (note that it does not require actual consumption or intoxication). Depending on his situation, he may face a suspended license, community service hours and up to a $500.00 fine. All of these, in my opinion, require that he negotiate a dismissal or some sort of alternative to simply pleading guilty (like deferred adjudication). Good luck with it.
Answer Applies to: Texas
Replied: 12/6/2010
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