Minor in Possession of Alcohol in Alabama

[Stephen582]

My question involves juvenile law in the State of: In Alabama, mere possession of alcohol by a minor is a crime. It appears that 2 state statutes cover the offense. Section 28-1-5 carries a penalty of $25 - $100 fine and possibly 30 days confinement. Section 28-3A-25 carries a penalty of $50-$500 fine, possibly 6 months confinement, and a mandatory suspension of driver's license (even if the minor was not in a vehicle). Further, it appears that both statutes are used...depending on which county you happen to be charged in. My question is....how can 2 state laws with dramatically different penalties cover the exact same offense (mere possession)?

[Mr. Knowitall]

Yes, they can. States can have overlapping statutes with similar elements but different penalties.

As you've indicated that the charge is in juvenile court, be aware that juvenile court judges have much broader discretion to fashion a sentence than a judge in adult court. That includes imposing a sentence greater than the maximum possible sentence that could be imposed upon an adult.

[antrc170]

As Mr. Knowitall pointed out, states can and do have overlapping laws.

Think of it this way, suppose you are traveling faster than the posted speed limit. You could be charged with speeding, reckless driving or even failure to obey a highway sign. Each charge would be legally correct according to the actions. However, depending on the circumstances one charge may be more appropiate.