Minor in Possession Charge, First Offense, 18 Years Old
My question involves criminal law for the state of: Maryland
This is my first charge, I have never had so much as a parking ticket. I go to college in Washington, DC, and was at a frat party in Bethesda, Maryland that was shut down by the police. We were all detained and everybody under 21 (I'm 18) was given the option to take a breathalyzer test and given the charge of Minor in Possession. I opted to not take the breathalyzer because I felt that it wouldn't help my case. When I talked to the cop that was writing my citation, he said that I would have to go to court and would likely just have to take lessons and/or pay a small fine. I've talked to some friends that have had MIP charges in the past, and they said that it's usually not a big deal and that the fine usually isn't too bad, but I'm still worried about the impact this would have on my future, even if it's my first charge.
I have a few questions about this whole situation:
- Should I consult a lawyer or would I be okay going to court on my own?
- Is there any way to get this charge expunged?
- How big will the fine be/how much would lessons cost?
- Will this have a big impact on job background searches?
Thanks :)
Re: Minor in Possession Charge, First Offense, 18 Years Old
If you are 18. You are no longer a minor.
Re: Minor in Possession Charge, First Offense, 18 Years Old
Unless you have a clear indication that the charge is going to be dismissed, I'd advise having a lawyer. Yes, many courts in the state allow a MIP class to avoid a conviction (these may go by the name of diversion, probation before judgement or stet). Anyting you can do to avoid a conviction is a good thing. This is a misdemeanor and while you are looking at only a fine most likely, it will be on your criminal record for at least ten years.
The fine is typically around $500 but could be as high as $1000. You can expect another few hundred in various court costs.
MIP can be a big thing if you want to work in a field where sobriety is essential, like being a pilot. Just got a guy on pilot board having an issue just getting a recreational license with a couple of MIPs in his history.
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Mercy&Grace
If you are 18. You are no longer a minor.
As far as Maryland goes (and this is far from unusual), the charge of consuming alcohol before the age of 21 is called minor in possession. This is likely an artifact of the fact that the drinking age has gone up and down over the years and the age of majority dropped from 21 to 18. The only real difference on this charge for him having turned 18 is that he's not facing a loss of driver's license.
Re: Minor in Possession Charge, First Offense, 18 Years Old
Re: Minor in Possession Charge, First Offense, 18 Years Old
A violation of Maryland’s minor in possession law is a civil offense, which subjects the violator to fines and other consequences, but it is not a criminal conviction. (Md. Crim. Law Section 10-119.) The consequences depend on the minor’s age. If you are 18 but under 21, you will be fined up to $500. For subsequent violations, the sentencing judge will impose a fine of up to $1,000. (Md. Crim. Law Section 10-119(h)(1)(i)&(ii).). It's never a bad idea to consult counsel.
Re: Minor in Possession Charge, First Offense, 18 Years Old
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lmarie25
... I'm still worried about the impact this would have on my future, even if it's my first charge.
The time to worry about your future is before you break the law, not after you get caught. Now you know it can happen to you, so take this as a wakeup call.