What is the penalty for serving alcohol to a minor? 6 Answers as of December 16, 2011

My son is a bartender in Minnesota. He served 2 minors 8 months ago and is just now being charged. Can they wait this long to charge him and what will the penalties be. What should he do?

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Charles M. Schiff, Attorney at Law
Charles M. Schiff, Attorney at Law | Charles M. Schiff
Providing alcohol to a minor is a gross misdemeanor. The max penalty is 1yr and $3,000. This crime can actually be charged at any time within 3 yrs. of the offense. Any penalty will likely be far short of maximum sentence. I suggest that your son hire an attorney. The offense can be amended to a lesser matter under the right facts.
Answer Applies to: Minnesota
Replied: 12/16/2011
Keyser Law Firm
Keyser Law Firm | Christopher W. Keyser
The State can still charge your son even though several months have passed. This is common in many criminal cases. The charge of providing alcohol to a person under the age of 21 is a gross misdemeanor in Minnesota, punishable by up to 1 year in jail or a fine of $3,000.00, or both. How much time your son serves and how much of a fine he pays depends on his criminal history and the facts of his case. It is a defense in Minnesota however, that if your son "reasonably and in good faith relied upon representations made by the person under the age of 21" by that person's presentation of a license or ID indicating s/he was 21 years of age. If this was the case, I recommend contacting an attorney to challenge the allegations made against your son.
Answer Applies to: Minnesota
Replied: 12/15/2011
Betts Legal Services
Betts Legal Services | Shawn M. Betts
There is at least a 2-year statute of limitations on offenses of this nature. He will be facing a Gross Misdemeanor Furnishing Alcohol to Minors charge. Many prosecutors and judges don't treat the offenses too seriously if it is a first offense, and he is likely looking at probation and a fine, but he should consider retaining an attorney to help ensure that and potentially obtain a disposition that might keep a conviction off his record.
Answer Applies to: Minnesota
Replied: 12/15/2011
Ascheman & Smith | Landon Ascheman
Yes the can wait up to 3 years before charging him, although most individuals will be charged within a much shorter period. Your son is likely facing misdemeanor charges. Which will permanently affect his criminal record. He needs to get an attorney to walk him through the process and explain his options. Unfortunately, these Question & Answer forums are great for small or simple questions, but your son needs a dedicated attorney.
Answer Applies to: Minnesota
Replied: 12/15/2011
Anderson Law Office
Anderson Law Office | Scott L. Anderson
He can be charged this late since it is within the time limits to charge, he is charged with a misdemeanor offense punishable by 90 days in jail and/or a $1000.00 fine. He should seek representation immediately.
Answer Applies to: Minnesota
Replied: 12/14/2011
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    It is a misdemeanor offense punishable by up to 90 days in jail and a $1000 fine. While a jail sentence is possible, it is unlikely. With a clean prior record, it may be possible to avoid conviction with the assistance of a lawyer and seeking a Stay of Prosecution. Any statutory limitation period spans a year or more. As a result, they can charge te matter well after the incident occurs.
    Answer Applies to: Minnesota
    Replied: 12/14/2011
Click to View More Answers: