Public Possession of Alcohol (IL)

[daveywavey]

What is the name of your state (only U.S. law)? ILLINOIS

Well I have court in a couple of days for public possession of alcohol (I am of legal drinking age)... and i was wondering first; the arresting officer gave me this complaint and notice to appear in front of my apartment complex in their parking lot, which I assume is privately owned by them (since they have tow rights). I am going to find out positively if it is owned by them or not today. But is this a legal defense? Can i plea not guilty because I was still in PRIVATE property as opposed to having a public possession violation? And if so do I need a lawyer to defend myself or can I provide proof that the lot is privately owned and defend myself?

Second; if this isn't a defense, than what type of fine/probation am I looking at? (ticket was given inside Illinois, in the city of Charleston)

I would appreciate any help or advice I can get, thanks!

[FlyingRon]

The parking lot of an apartment building is most likely a public place as far as the Illinois law goes. "Public place" is not determined by ownership but rather than access. If anybody could walk/drive into that lot, it's a public place. If it was gated off or otherwise controlled so that only residents can get in there, you MIGHT be able to argue it was private.