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Minor in Possession & Consumption Defense Attorney in Phoenix

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One mistake that many parents make is to take their juvenile or young adult’s misdemeanor alcohol charge lightly. They assume that the courts will be lenient when it comes to dispensing a minor-in-possession or minor-in-consumption case. The truth of the matter is that each Phoenix criminal defense attorney has to work hard to keep their youthful clients from some of the more serious consequences of alcohol violations. 

Hernandez & Hamilton, P.C. is a Phoenix and Tucson criminal defense law firm that has successfully defended hundreds of juvenile clients against underage drinking charges, underage DUI, and similar offenses. Contact us today to discuss your case with an experienced criminal defense attorney.

Criminal Charges for Underage Drinking in AZ

Arizona revised statute 4-244 describes a litany of charges regarding the sale of alcohol to minors. If you’ve been charged with providing alcohol to a person under the legal drinking age (21 years old in Arizona), you could face serious criminal charges. You should contact an attorney immediately.

If you’re a juvenile and you’re caught consuming or possessing alcohol, you could be facing a Minor-in-Consumption (MIC) or Minor-in-Possession (MIP) charge. While both are criminal offenses, there is a difference between the required probable cause and the potential penalties.  There are also criminal charges which relate to the use or possession of a “fake ID” to use or purchase alcohol.  These cases can even be charged as felony matters under certain circumstances.  Penalties can impact not only jail time and fines, but also the loss of driving privileges (even in cases which do not involve driving a vehicle at all).

Minor in Consumption 

The police charge this when they believe that a person under the age of 21 has been drinking. You do not need to have an alcoholic beverage for this charge to apply. The police must demonstrate that you were engaged in underage drinking. In many instances, they will issue you a ticket that requires you to appear in court. This is a class 2 misdemeanor, which is punishable by up to $750 in fines and up to four months in jail. Additionally, you could have a criminal record, which can be a hindrance when it comes to job and educational opportunities. 

Minor in Possession 

This charge applies when the police find a minor in possession of an alcoholic beverage. The Arizona statute does not require you to consume spirituous liquor for this law to apply. A Minor in possession charge is a class 1 misdemeanor, which is punishable by up to $2,500 in fines and up to six months in jail. As is the case with a MIC, you could also incur a criminal record which can be a hindrance when it comes to job and educational opportunities.    

Limiting The Effects Of a MIP or MIC Misdemeanor Charge

There is no good way to be charged with a crime, but some criminal offenses carry more serious penalties than others. The State of Arizona and the Maricopa County and Pima County courts recognize that being caught in possession of alcohol should not always have long-ranging effects on minors’ lives. 

Many MIP/MIC charges are filed in justice courts or city courts throughout Arizona.

The good news is there are ways to mitigate the damage that a MIP or MIC charge has on a young person’s future. 

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Don’t Miss Court

If you are issued a ticket or arrested and don’t show up to your next court date, the judge can issue a bench warrant for your arrest. While your re-arrest may not result in a new criminal charge necessarily, it will, at the very least, be inconvenient. And it could also signal to the court that you haven’t learned your lesson and require a stiffer penalty. Be advised, however, that missing a court date can result in additional criminal charges (i.e., failure to appear) being filed against you.

Don’t Argue With the Police on the Scene

Trying to talk your way out of a charge seldom works. In fact, it could be used as part of the probable cause to demonstrate that you were under the influence of alcohol. You shouldn’t admit guilt, but arguing with the police will likely get you into more trouble. Simply tell the police, politely, that you cannot answer any questions without an attorney present and ask to contact an attorney as soon as possible.  As stated elsewhere throughout our website, you should not talk with the police–about anything–in connection with a criminal matter without having consulted with an attorney beforehand.

Call a Criminal Defense Lawyer

You may think that retaining the services of a Phoenix criminal defense lawyer is excessive for a misdemeanor alcohol violation, but you mustn’t take any criminal charge lightly. While it is true that a judge is extremely unlikely to send you to jail for a first-time offense underage drinking violation, you still have to contend with an arrest record. 

A lighter sentence isn’t automatic. You never know when a judge will decide to use the maximum sentencing guidelines. The Law Office of Hernandez & Hamilton P.C. can review your criminal case to see if there is a chance of getting the charges dismissed. If the case is solid, they can help minimize the penalties. They can also petition the court to seal or expunge their criminal record. 

Frequently Asked Questions About Arizona Alcohol Charges

At the Law Office of Hernandez & Hamilton, a significant portion of the criminal cases we handle are for young defendants, and alcohol is frequently involved. These are some of the most commonly asked questions by individuals charged with minor in possession or minor consumption. 

How much is a minor in-consumption ticket in Arizona?

Unlike a traffic ticket for speeding that you can pay online, a minor in consumption ticket requires an appearance in court. If you’re found guilty, you could pay up to $750 in fines, but that’s not the biggest problem. You could also be sentenced to up to four months in jail and a criminal defense lawyer can represent you in court. 

If I only received a ticket, will I still have an arrest record?

If you receive a MIC ticket, for all intents and purposes, you’ve been arrested and released on your own recognizance. You will have a criminal record, which is why you need an experienced juvenile crimes attorney to represent you. 

A private criminal defense firm, like the Law Office of Hernandez & Hamilton, P.C. has the ability to manage our caseload in the way that we believe is in the best interest of our clients. We can allocate the time and resources to the criminal cases that we need. If you have been arrested or issued a summons for a juvenile drinking crime, contact our Phoenix law office today. 

520-882-8823

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Client Testimonials

Clay Hernandez and Josh Hamilton are some of the most competent Lawyers I have ever had the pleasure of working with. They are dedicated, hard working and honest! They are some of the top Lawyers in the legal community and you couldn't have a better legal team on your side!

Lacee

To say that Josh Hamilton saved my life would be an understatement. Facing an incredibly ugly situation, I shopped around for an attorney for a while until I came across Mr. Hamilton. From day one I knew I had found the representation I needed. Josh fought tooth and nail for me and got me the best outcome, considering the dire straits I was in. His staff is incredibly helpful and friendly and Josh's ability and knowledge of the law is second to none. I could not see myself facing a hell like this again with anyone else at my side. A simple "thank you" will never be enough for all that Josh and the staff of Hernandez and Hamilton did for me.

Ox Inator

If you need a criminal defense lawyer then Josh Hamilton is definitely your guy!! Not only is he beyond brilliant.. and amazing at what he does! But he is a very caring and compassionate person. I highly recommend him!! He worked very hard on my case and got it dropped!!

Racquel Vera

The absolute 100% best. I cannot stress how much I appreciate and how grateful i am for Josh and Carol. They took up my brothers case in 2018 and never left him since. Their work is excellent and speaks volume. The complexity of the case will have anybody fearful and doubtful but not them. Right from the start they maintained a positive vibe and their professionalism is exceptional. I am so happy i found them back when me and my sister in law were googling appellate lawyers. If i could hug them now i would. My brother was released two days ago and even though the case is not done i am pretty sure the end results will be a good one. God appointed the right lawyers and they are not in it for the money they truly are genuine in fighting for victory and they know what happened to my brothers were not right and they fought tooth and nail and for that i just want to say thank you from the bottom of my heart. Grateful forever and ever!

King Black

I had a potential federal case come before me in my work environment. I called and they were so willing to work with me on getting into an in person consultation even though I was 2 hours away. We spoke on the phone, and then had a meeting I specifically spoke with Clay. He was knowledgeable and had a defense prepared before I even left the consultation. With everything still being in process, all I can tell you, based on my experience with him, he will fight until the end and he won't give up!

Cynthia Bass

Hernandez & Hamilton are top-notch attorneys. In hindsight I would NOT have considered hiring any other attorney to take care of my legal matters. Hernandez even traveled out of state to represent me over 2000 miles away, in Ohio, IN THE WINTER. :) Thank you for all you have done for me and my family!!!

Kari Turner

The best thing about this law office is their dedication. Josh never stopped working for us, never stopped believing that there would be a great outcome and even when it looked like all hope was lost, he kept working until we got the outcome we were looking for. I would recommend this office to anyone looking for an attorney. If they believe they can help, they will!!

Sarah Tecco

I contacted Mr. Hamilton regarding a case involving my brother. From the moment we spoke on the phone, he made feel like we were in the right hands. We discussed the case, went over the pro´s and con´s reaching a desicion to move fwd with the case. Mr. Hamilton is extremely well prepared and very knowledgagle. My brother got a very long punishment that was not justified and because of his commitment to the case and his great team effort, they got my brother a reduced sentence to time served. Now, thanks to Mr. Hamilton and his team, my brother is able to reunite with his three kids and his brothers. We are for ever thankful for your hard work and commitment. Thank you for believing in whats right! Blessings from our entire family.

Eghector

Josh Hamilton is top-notch: knowledgeable, accessible, hard-working and honest. No better lawyer in town.

Jeff Welter

I highly recommend Josh Hamilton to resolve your legal issues.The staff at Hernandez and Hamilton were very professional and friendly.Thank you Josh,Julie, Roni, and Olivia for everything that you all did for us. Have a wonderful holiday season and a prosperous new year..

Gillbert Encinas

I have owned a private investigation company in Arizona for a quarter century and worked with both of these lawyers for many years. These attorneys are honest, extremely competent, and truly care about their clients. Both are exceptional advocates.

Randy Downer

Josh is one of the best lawyers out there. He has helped me in multiple situations and has gotten me off every time. He’s professional about everything and I highly recommend him.

Timothy Marshall

I needed the best attorney in town and Josh did not let me down. If you want an aggressive pro-active team representing you, this is the outfit to go with. Best in class.

Organic BTI

I hired Hernandez & Hamilton to take care of a friend who had a bit of a tough situation. They took care of him easily and kept the cops honest. Very happy.

Danton Foster

Best lawyer in town. Josh and everyone else working with him at his law office go beyond to help you every step of the way. I would highly recommend for your criminal defense attorney.

Martin Lopez

Fantastic work by Josh and his team, they are very professional. Thank you for your help in our case. You and your team managed to get my brother released on the spot and cleared of all charges.

Eftimi Etzoglou

If you want the best of the best? Look no further because Clay and Josh are definitely it. HANDS DOWN.

Amanda Wade-Mcmickle

I can't thank Josh Hamilton enough and his team for what they did for our family to give us peace knowing that we got the best law firm the best lawyer and the out come was amazing thank you for all your knowledge your hard work your dedication once again thank you Josh and your team.

Alley Prudhomme

Excellent firm with outstanding attorneys and staff. They work extremely hard and get amazing results for their clients.

Adam dippel

This legal team is at the top of their game when it comes to representation and dedication. Truly a 5 Star law firm from beginning to end.

Mary Domoto-Hill

Mr. Hamilton is an absolute beast and he handled my problem like a Sunday drive. Absolutely the best attorney anywhere.period. thank you again Mr. Hamilton. Five stars across the board.

James Stewart