Minor in Possession charges in Kansas

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What is the Kansas Law on a Minor in Possession?

Statute 41-727: Purchase or consumption of alcoholic beverage by minor

(a) Except with regard to serving of alcoholic liquor or cereal malt beverage as permitted by K.S.A. 41-308a, 41-308b, 41-727a, 41-2610, 41-2652, 41-2704 and 41-2727, and amendments thereto, and subject to any rules and regulations adopted pursuant to such statutes, no person under 21 years of age shall possess, consume, obtain, purchase or attempt to obtain or purchase alcoholic liquor or cereal malt beverage except as authorized by law.
(b) Violation of this section by a person 18 or more years of age but less than 21 years of age is a class C misdemeanor for which the minimum fine is $200.
(c) Any person less than 18 years of age who violates this section is a juvenile offender under the revised Kansas juvenile justice code. Upon adjudication thereof and as a condition of disposition, the court shall require the offender to pay a fine of not less than $200 nor more than $500.
(d) In addition to any other penalty provided for a violation of this section: (1) The court may order the offender to do either or both of the following:
(A) Perform 40 hours of public service; or
(B) attend and satisfactorily complete a suitable educational or training program dealing with the effects of alcohol or other chemical substances when ingested by humans.
(2) Upon a first conviction of a violation of this section, the court shall order the division of vehicles to suspend the driving privilege of such offender for 30 days. Upon receipt of the court order, the division shall notify the violator and suspend the driving privileges of the violator for 30 days whether or not that person has a driver's license.
(3) Upon a second conviction of a violation of this section, the court shall order the division of vehicles to suspend the driving privilege of such offender for 90 days. Upon receipt of the court order, the division shall notify the violator and suspend the driving privileges of the violator for 90 days whether or not that person has a driver's license.
(4) Upon a third or subsequent conviction of a violation of this section, the court shall order the division of vehicles to suspend the driving privilege of such offender for one year. Upon receipt of the court order, the division shall notify the violator and suspend the driving privileges of the violator for one year whether or not that person has a driver's license.
(e) This section shall not apply to the possession and consumption of cereal malt beverage by a person under the legal age for consumption of cereal malt beverage when such possession and consumption is permitted and supervised, and such beverage is furnished, by the person's parent or legal guardian.
(f) Any city ordinance or county resolution prohibiting the acts prohibited by this section shall provide a minimum penalty which is not less than the minimum penalty prescribed by this section.
(g) A law enforcement officer may request a person under 21 years of age to submit to a preliminary screening test of the person's breath to determine if alcohol has been consumed by such person if the officer has reasonable grounds to believe that the person has alcohol in the person's body except that, if the officer has reasonable grounds to believe the person has been operating or attempting to operate a vehicle under the influence of alcohol, the provisions of K.S.A. 8-1012, and amendments thereto, shall apply. No waiting period shall apply to the use of a preliminary breath test under this subsection. If the person submits to the test, the results shall be used for the purpose of assisting law enforcement officers in determining whether an arrest should be made for violation of this section. A law enforcement officer may arrest a person based in whole or in part upon the results of a preliminary screening test. Such results or a refusal to submit to a preliminary breath test shall be admissible in court in any criminal action, but are not per se proof that the person has violated this section. The person may present to the court evidence to establish the positive preliminary screening test was not the result of a violation of this section.
(h) This section shall be part of and supplemental to the Kansas Liquor control act.

How can a Criminal Defense Attorney help?

The first thing a criminal defense attorney can do is investigate your case. A criminal defense attorney can listen to your side of the story as well as find out what law enforcement is alleging you did and what evidence they have against you. A criminal defense attorney can then give you an accurate analysis of your case and tell you the strengths and weaknesses of your possible defenses. A criminal defense attorney can act on your behalf to minimize any further damage. A defense attorney can advise you on what you need to do, and what you should not do. A criminal defense attorney can take the heavy load of stress surrounding your criminal charges and bring some solidarity and council to your situation.


What is the range of punishment if I get a MIP conviction?

-up to one month in jail
-$200 -$500 Minimum fine (depending on age)
-40 Hours of Community Service
-required attendance in alcohol program
-Mandatory suspended driving privilege

The next thing you need to know it that your child needs an attorney. Your child does not want to take a conviction if at all possible. An MIP conviction will stay on their criminal record forever, and isn't eligible to be expunged for three years after the time they get off probation.


Should I defend myself?

You would never think of performing brain surgery on yourself, so why would you ever try to defend yourself in a criminal case. When you are charged with a crime, you need help. Your life, liberty, and reputation are on the line and you need to defend them. You need an attorney that knows the ends and outs of the local courts, one that understands criminal procedure and can help achieve the best outcome possible for you. You need an defense attorney that can sit down with you, explain the law and give you accurate legal advice based on your specific facts. You need help and you need it from a qualified criminal defense lawyer.


What does it cost to hire a criminal defense attorney on an Minor in Possession Case?

Things we consider when determining our Attorney's fee:
(1) the time and labor required, the novelty and difficulty of the questions involved, and the skill requisite to perform the legal service properly;
(2) the likelihood, if apparent to the client, that the acceptance of the particular employment will preclude other employment by the lawyer;
(3) the fee customarily charged in the locality for similar legal services;
(4) the time limitations imposed by the client or by the circumstances;
(5) the nature and length of the professional relationship with the client;
(6) the experience, reputation, and ability of the lawyer or lawyers performing the services;


We always offer a free consultation. At that consultation, after hearing about your case we can give you an estimate as to Attorney's fees. For many misdemeanor cases we offer a flat rate option for our clients. We frequently make accomidations for payment plans on Attorney's fees.


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The choice of a lawyer is an important decision and should not be based solely upon advertisements. Past results afford no guarantee of future results and every case is different and must be judged on its own merits. The information on this website is not legal advice. If you are in need of legal services please contact a criminal defense attorney. Use of this website does not constitute the formation of an Attorney/Client relationship. The Law Office of Brandan Davies LLC does not represent you until a formal representation agreement has been executed.