14 Yr Old Possession of Alcohol

My question involves criminal law for the state of: CA

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I am mom. Dropped daughter last night at Halloween party. Turned around, came home - took 15 minutes. Received text from daughter that police came and were searching the house. Went to get her. Police cited all 27 they caught with 25562(a) Possession of Alcohol by Minor. There was no parent in the house. She had nothing to drink, no cup in hand - no breathalizer or anything done. All received tickets to appear. What is my situation? Do I obtain legal counsel? Can she be guilty by being there?

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Do I obtain legal counsel?

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Yes. You don't want her having a record at the ripe age of 14.

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25662. (a) Any person under the age of 21 years who has any
alcoholic beverage in his or her possession on any street or highway
or in any public place or in any place open to the public is guilty
of a misdemeanor and shall be punished by a fine of two hundred fifty
dollars ($250) or the person shall be required to perform not less
than 24 hours or more than 32 hours of community service during hours
when the person is not employed or is not attending school. A second
or subsequent violation shall be punishable as a misdemeanor and the
person shall be fined not more than five hundred dollars ($500), or
required to perform not less than 36 hours or more than 48 hours of
community service during hours when the person is not employed or is
not attending school, or a combination of fine and community service
as the court deems just. It is the intent of the Legislature that the
community service requirements prescribed in this section require
service at an alcohol or drug treatment program or facility or at a
county coroner's office, if available, in the area where the
violation occurred or where the person resides. This section does not
apply to possession by a person under the age of 21 years making a
delivery of an alcoholic beverage in pursuance of the order of his or
her parent, responsible adult relative, or any other adult
designated by the parent or legal guardian, or in pursuance of his or
her employment. That person shall have a complete defense if he or
she was following, in a timely manner, the reasonable instructions of
his or her parent, legal guardian, responsible adult relative, or
adult designee relating to disposition of the alcoholic beverage.
(b) Unless otherwise provided by law, where a peace officer has
lawfully entered the premises, the peace officer may seize any
alcoholic beverage in plain view that is in the possession of, or
provided to, a person under the age of 21 years at social gatherings,
when those gatherings are open to the public, 10 or more persons
under the age of 21 years are participating, persons under the age of
21 years are consuming alcoholic beverages, and there is no
supervision of the social gathering by a parent or guardian of one or
more of the participants.
Where a peace officer has seized alcoholic beverages pursuant to
this subdivision, the officer may destroy any alcoholic beverage
contained in an opened container and in the possession of, or
provided to, a person under the age of 21 years, and, with respect to
alcoholic beverages in unopened containers, the officer shall
impound those beverages for a period not to exceed seven working days
pending a request for the release of those beverages by a person 21
years of age or older who is the lawful owner or resident of the
property upon which the alcoholic beverages were seized. If no one
requests release of the seized alcoholic beverages within that
period, those beverages may be destroyed.
(c) The penalties imposed by this section do not preclude
prosecution or the imposition of penalties under any other provision
of law, including, but not limited to, Section 13202.5 of the Vehicle
Code.

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Its also a good idea to speak with the parent to be sure that they are home.

Possession requires knowledge and control, it does not require consumption or ownership.

Chances are she can get diversion if this is her first offense.

As a father of two teenagers, I would recommend never leaving your child at a party where you have not spoken to a parent AND been permitted inside to inspect the party and partygoers - even if under the guise of using the bathroom or saying "hi". If my wife or I don't know the people in charge of the party, and/or don't like the things I see inside, my sons do not go.

- Carl

Thanks very much - what is a deversion?

A diversion program is basically the courts way of cutting your daughter a break. She will likely enter an alcohol program, do community service, probation and pay a fine. What she gets is up to the court and can be any combination of the above. If she meets the terms of the program, it stays off of her record.

The problem comes into play if she gets a second one. Then she won't qualify for a program. She also has 7 yrs to avoid being in another situation like this. It will stay on her record as an adult. I highly doubt she's going to get that portion of her actions.

Get her an attorney so she can have the best possible outcome. And put your seatbelt on, it's going to be a long ride.