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  1. #1
    Join Date
    Aug 2009
    Posts
    3

    Default Underaged Drinking Guilt of Association

    For the state of: Colorado
    So, for example, lets say there's a big wild highschool party and there's alchohol. And then the cops came and everyone knows what happens next, but what happens if you weren't in possession of alcohol or drinking? Can you really get anything on your record for just being at the party or 'being associated' with the underaged drinking happening if you're a minor?

  2. #2
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Underaged Drinking Guilt of Association

    That depends ... if the minor was in reach of alcohol and had constructive control of the alcohol then he or she could be charged (provided CO law does not actually require the minor to have immediate possession of the container).

    Most possession cases tend to involve constructive control over a substance. In other words, the state would have to show that the minor was aware of the substance's existance and had the ability to exercise control over it (i.e. he could grab and move it without restriction). If so, he or she could be charged with mossession.

    - Carl

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