Will I get charged with underage drinking after I was assaulted outside a nightclub? 37 Answers as of May 17, 2011

I was assaulted outside a nightclub and am going to court for it as a witness to persecute the assaulter for the crimes committed. Medical records from my trip the hospital said I was drunk, though I did not drink at the nightclub. Would I get persecuted for underage drinking?

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Reeves Law Firm, P.C.
Reeves Law Firm, P.C. | Roy L. Reeves
It is possible, you can bet the fact will come out at trial.
Answer Applies to: Texas
Replied: 5/17/2011
Law Office of Michael Moody
Law Office of Michael Moody | Michael Moody
You might, but it is doubtful.
Answer Applies to: Georgia
Replied: 5/16/2011
Anderson & Carnahan
Anderson & Carnahan | Stephen Anderson
Probably not, talk to the prosecutor who subpoenaed you.
Answer Applies to: Colorado
Replied: 5/16/2011
Law Office of Richard Williams
Law Office of Richard Williams | Richard Williams
If you were underage and had consumed alcohol you could be charged and convicted for underage alcohol consumption also referred to as minor in possession of alcohol.
Answer Applies to: Alabama
Replied: 5/13/2011
Jules N. Fiani, Attorney at Law
Jules N. Fiani, Attorney at Law | Jules Fiani
Yes, you can be prosecuted if you admit at trial that you had been drinking.
Answer Applies to: Michigan
Replied: 5/13/2011
    Law Offices of John Carney
    Law Offices of John Carney | John Carney
    The DA does not usually prosecute the witnesses or victims of the crime, but that is not always the case. They are not likely to care about underage drinking that was not charged at the time. They are not likely to call the officer and have him do the paperwork at this late date. You are supposed to appear if the DA tells you to, but unless there is a court order, summons, or you are told by a judge to appear somewhere you are not going to get in trouble most often for just not showing up or answering the DA's calls. If you are worried about being charged, you should have your parent call the DA to get his or her assurance that if you show up you will not be charged.
    Answer Applies to: New York
    Replied: 5/13/2011
    Theodore W. Robinson, P.C.
    Theodore W. Robinson, P.C. | Theodore W. Robinson
    It's not likely you will get prosecuted for underage drinking because the DA wants to convict the assaulter. However, if it goes to trial, you can bet someone will be asking you how intoxicated you were and where were you drinking. Good luck.
    Answer Applies to: New York
    Replied: 5/13/2011
    Michael Anthony Wing, P.C.
    Michael Anthony Wing, P.C. | Michael Anthony Wing
    I doubt it seriously. Just don't answer any questions about your drinking. Plead the 5th Amendment and refuse to answer any question about your drinking. It may affect your credibility as a witness, but you will be protecting your rights. Stay well.
    Answer Applies to: Alabama
    Replied: 5/13/2011
    Timothy J. Thill P.C.
    Timothy J. Thill P.C. | Timothy J. Thill
    Although it is possible for you to be charged with underage drinking, I seriously doubt that they will bring charges at this late date. If they do, you are not looking at doing jail time, but this could affect your driving privileges, as there is zero tolerance in Illinois.
    Answer Applies to: Illinois
    Replied: 5/12/2011
    Law Office of Eric Sterkenburg
    Law Office of Eric Sterkenburg | Eric Sterkenburg
    No you will not be charged.
    Answer Applies to: California
    Replied: 5/12/2011
    Andersen Law PLLC
    Andersen Law PLLC | Craig Andersen
    Technically you may be charged if the cops noticed you smelled of alcohol or if the prosecutor gets your medical records. However in practice, most prosecutors will not prosecute a crime victim . Your best bet is to cooperate with the assigned prosecutor. Do not allow for you medical records to be released to the prosecutor without redacting the information about your alcohol level. You must allow the defense attorney to interview you although you can insist on the prosecutor coming with you. If the defense asks if you were drinking, you can plead the Fifth Amendment. Also, the state can't prove you are under age unless they subpoena your mother or father because they are the only two people who have actual knowledge of your birth and the date of that birth. You should be able to skirt the issue but I strongly recommend that you hire a good lawyer to stand by.
    Answer Applies to: Washington
    Replied: 5/12/2011
    Law Office of Jonathan T. Sarre
    Law Office of Jonathan T. Sarre | Jonathan T. Sarre
    It is possible but in my experience, most DAs do not prosecute the victims of crimes for relatively minor offenses like underage drinking. Usually they don't want to do anything to alienate you and have you change your mind on pressing charges against the guy who beat you up. You can bet the defense attorney will bring it up at trial to suggest that a) your memory may be hazy because of the alcohol, b) you're a scofflaw since you shouldn't be drinking but are and c) if you didn't get charged with anything, you've got a motive to suck up to the state.
    Answer Applies to: Oregon
    Replied: 5/12/2011
    Law Office of Brendan M. Kelly
    Law Office of Brendan M. Kelly | Brendan M. Kelly
    You should not face any prosecution, the defense attorney may ask you about drinking to challenge your testimony of who assaulted you or started the fight.
    Answer Applies to: Nebraska
    Replied: 5/12/2011
    Law Office of Andrew Subin
    Law Office of Andrew Subin | Andrew Subin
    Probably not. I think it is unlikely that they will charge you with MIP under these circumstances. However, I think it is possible that might.
    Answer Applies to: Washington
    Replied: 5/12/2011
    Harris Law Firm
    Harris Law Firm | Jennifer C. Robins
    It seems highly unlikely to me that a prosecutor would charge you for a minor in possession, especially since you are the victim of a crime. During the case, the defense will likely bring up the fact that you were drinking underage, in order to discredit you in front of the judge or jury. Be prepared for that possibility.
    Answer Applies to: Oregon
    Replied: 5/12/2011
    The Law Office of Harry E. Hudson, Jr.
    The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
    Probably not. I would think the prosecution is interested in your testimony to convict those who assaulted you.
    Answer Applies to: California
    Replied: 5/12/2011
    Nelson & Lawless
    Nelson & Lawless | Terry Nelson
    Will you? Thats up to the police and DA. Unlikely when you are a victim.
    Answer Applies to: California
    Replied: 5/12/2011
    Law Office of Michael Brodsky
    Law Office of Michael Brodsky | Michael Brodsky
    In the State of Washington, consumption does not equal possession. Thus merely having it in your system should not trigger a prosecution.
    Answer Applies to: Washington
    Replied: 5/12/2011
    Edward  D. Dowling IV Attorney at Law
    Edward D. Dowling IV Attorney at Law | Edward D. Dowling IV
    You may or may not be charged with under age drinking depending on what the prosecutor wants to do. The prosecutor may decide not to prosecute you since you are cooperating in being a witness and since you are a victim. You should ask the prosecutor ( if he charges you ) to do this for you. You should hire an attorney.
    Answer Applies to: New York
    Replied: 5/12/2011
    Law Office of Phillip Weiser
    Law Office of Phillip Weiser | Phillip L. Weiser
    If you have not been charged with underage drinking by now, you may not need to worry about that. However, you could be charged with a criminal offense at any time within the statute of limitations, which in Kansas is 5 years.
    Answer Applies to: Kansas
    Replied: 5/12/2011
    Bloom Legal, LLC
    Bloom Legal, LLC | Seth J. Bloom
    Depending upon what you testify to there is a slight chance that you may expose yourself to prosecution. It does not, however, seem likely that you would face charges if you are going to court to prosecute on behalf of the city against your aggressor.
    Answer Applies to: Louisiana
    Replied: 5/12/2011
    Thomas J. Tomko Attorney At law
    Thomas J. Tomko Attorney At law | Thomas J. Tomko
    As a general matter, it is not likely. It is always in the discretion of the prosecutor/police to seek charges. I believe that while it is possible, it is extremely unlikely.
    Answer Applies to: Michigan
    Replied: 5/12/2011
    Craig W. Elhart, P.C.
    Craig W. Elhart, P.C. | Craig Elhart
    If you are a witness or victim of a crime, your medical records should not be at issue. However, if you are a witness, you will be subject to cross examination and your activities of the night could be brought out including the fact that you were under the influence of alcohol. Whether the prosecutor would elect to charge you for MIP is solely in the discretion of the prosecutor. If you desire further information, contact us.
    Answer Applies to: Michigan
    Replied: 5/12/2011
    Harrison & Harrison
    Harrison & Harrison | Samuel Harrison
    If the state has not charged you with underage possession by now, they probably will not prosecute you at this stage of the case. They probably think you are more valuable to them as a witness than as another defendant.
    Answer Applies to: Georgia
    Replied: 5/12/2011
    Law Office of Peter F. Goldscheider
    Law Office of Peter F. Goldscheider | Peter Goldscheider
    As a victim of a more serious offense it is unlikely that you would be so charged. You might want to consult an attorney to contact the district attorney to confirm this or ask the DA himself.
    Answer Applies to: California
    Replied: 5/12/2011
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    A prosecutor has the discretion to file criminal charges if there is evidence to indicate a person under the age of 21 has consumed alcohol. Whether it is charged or not is entirely up to the prosecutor.
    Answer Applies to: Minnesota
    Replied: 5/12/2011
    Goolsby Law Office
    Goolsby Law Office | Richard Goolsby
    It is always tricky to predict what will happen in court. You may want to retain a criminal lawyer to help advise you as to your rights and options. Good luck!
    Answer Applies to: Georgia
    Replied: 5/12/2011
    The Law Offices of Robert L. Driessen
    The Law Offices of Robert L. Driessen | Robert L. Driessen
    No if the police did not charge you at the time the chances are very low that you would be charged for being drunk in public.
    Answer Applies to: California
    Replied: 5/11/2011
    Law Office of Tracey S. Sang
    Law Office of Tracey S. Sang | Tracey Sang
    The word you're looking for is "prosecuted" (although "persecuted" is often more accurate.) No, you will not get charged with that at this point. However, it is fair game for the defense attorney to raise the subject when he or she is cross-examining you on the witness stand so you need to be prepared for those questions.
    Answer Applies to: California
    Replied: 5/11/2011
    Law Office of Rankin Johnson IV, LLC
    Law Office of Rankin Johnson IV, LLC | Rankin Johnson IV
    Unlikely. Underage drinking is a minor offense, and the police are unlikely to notice. Also, police tend to be nice to the victims of crime, even if the victims committed crimes themselves. Proving that you were intoxicated using the hospital records would be a hassle, or maybe impossible, so they probably won't want to try.
    Answer Applies to: Oregon
    Replied: 5/11/2011
    The Law Offices of Gabriel Dorman
    The Law Offices of Gabriel Dorman | Gabriel Dorman
    It sounds like the District Attorney needs you to convict the defendant. You should be ok. Nonetheless, if you are concerned or if there is more detail to this, you may want to consult an attorney to thoroughly evaluate your situation. I hope this answer was helpful. Good luck.
    Answer Applies to: California
    Replied: 5/11/2011
    Austin Legal Services, PLC
    Austin Legal Services, PLC | Jared Austin
    You could get charged with being a Minor in Possession (MIP) which is a misdemeanor. I would think they would have charged you by now if they were going to but they could bring the charges later. My guess is that they may not bring charges against you so you can testify as a witness in the more serious case. The club could also get into serious trouble if they were serving minors alcohol. If you do get charged with anything, you need to seek out an experienced criminal attorney as soon as possible.
    Answer Applies to: Michigan
    Replied: 5/11/2011
    Miller & Harrison, LLC
    Miller & Harrison, LLC | David Harrison
    It is unlikely you will be prosecuted if nothing has been filed yet.
    Answer Applies to: Colorado
    Replied: 5/11/2011
    Howard W. Collins, Attorney at Law
    Howard W. Collins, Attorney at Law | Howard W. Collins
    You could. But what is important. Also ask the DA prosecuting your case. It sounds like maybe the assault was punishment enough for you that night.
    Answer Applies to: Oregon
    Replied: 5/11/2011
    Dennis Roberts, a P.C.
    Dennis Roberts, a P.C. | Dennis Roberts
    No, because the hospital record would be hearsay. They would have to subpoena the person who tested you and they won't do that.
    Answer Applies to: California
    Replied: 5/11/2011
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