What is having “possession”?

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What is having “possession”?

I ask, because I was recently given a ticket and court date for this, and I want to fight it. When the officer drove up to the scene I was on a sidewalk while there was beer ina vehicle parked in front of me and in everyone else’s hands. I did not have any alcohol in my hand nor was I the owner of any of it. I did mess up though and when the officer asked had I been drinking, out of fear I answered yes a few sips (which is totally true I had 2 sips at the most). I’m certain that this is why i was given a ticket. But I was charged with the wrong thing. No breathalizer was used so there is no proof that I had consumed alcohol. Can I fight this and win? Do I have a case? Do I need a lawyer? Is it worse to fight it and lose? And most importantly, will this stay on my record?

Asked on June 18, 2012 under Criminal Law, California

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

I suggest that you consult with a criminal defense attorney with respect to the alcohol possession charge that you are facing as a person under the age of twenty-one (21) years to assist you.

Under the law, "posssession" essentially means having access to or in control of an item. In your situation, since you did not have "possession" of alcohol from what you have written, the proper charge from what you have written would be underage consumption of alcohol assuming you are under twenty-one (21) years of age.

From what you have written, I would contest the criminal charge against you. If convicted of the misdemeanor, the conviction will remain on your record for the rest of your life.


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