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Underage Drinking Penalties

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M

Mom081

Guest
My 18yr old son was recently with four friends at a beachfront in New Jersey. As I understand it, they were asked by officers to leave the premises due to noise. They left behind a backpack that had beer and I believe marijuana as well. The officers searched the backpack and approached them as to the ownership. One of the girls (a minor) admitted it was hers, When asked if they had been drinking, my son was the only one of the four who admitted his guilt. As I understand, however, the 2 beers he claims he had were at a local home near the beach. In any event three of the four were handcuffed and taken to the police station. My son was given a citation: 2C:33-15 and released.

He has a court date set for August 22, 2000. My questions and concerns are:

1. Was it legal for the officers to have searched the backpack?
2. The penal code states underage drinking or possessionof alcohol, however the citation states "possession and consumption"; can he be charged with both?
3. If the girl admitted to owning the backpack and it's contents, can he still be charged with possession?
4. How can the officers decide only to cite three of the four, when they all were drinking?
5. I understand the fine is at least $500. With what I've outlined above, what can we expect?
6. Will he have a record?
7. He intends to plead guilty to drinking, but not possession; please advise the best way to handle this during the proceeding and if we have any "outs". Also, please advise if he is sent to a drinking rehab course, if this could be postponed due to the start of college?
8. Do we need a lawyer?


Thank You!
 



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