Furnishing Alcohol to Minors

[shawnieboy1]

What is the name of your state (only U.S. law)? Texas
In December, I was arrested at a friends apartment on campus for furnishing alcohol to minors. Me and two other friends left from my apartment with a box of wine which was about half full and a 30 pack of beer, i didnt know my friend had took the 30 pack until the cops came and they started to dump it out (dumb on my part i know, i just assumed we were going to leave it behind).

We got to my friends house and about 10 minutes later the cops came and found the alcohol we had, an empty bottle of wine, and 2 bottles of rum all of which were present before we arrived.

When the cops came they asked who brought the alcohol and 2 of the girls pointed at me. the same 2 girls who gave the police fake ids.

Me and the guys i came with were completely sober and no one had touched the alcohol that i provided. I was arrested because i was the only one of legal age to drink, i told the police that i bought the wine but didnt provide the rest of the alcohol, the cops ignored the crimes of other people, like the fake ids, one person who admitted to a dui minor, and drug paraphernalia

With all that considered, im just wondering what my chances are of getting off, i have never been arrested for anything other than this in my entire life and would love to be able to keep this off of my record. and what steps do i need to take to have the best chance thanksWhat is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?

 

[ElvinMelvin]

We got to my friends house and about 10 minutes later the cops came and found the alcohol we had

Why were the cops at the apartment? Did they ask to come in? Were the alcohol containers in plain sight i.e. when you opened the door did you give them probable cause?

I was arrested because i was the only one of legal age to drink, i told the police that i bought the wine

You were arrested because you confessed to a crime.

Here's the statute:

§ 106.06. PURCHASE OF ALCOHOL FOR A MINOR; FURNISHING
ALCOHOL TO A MINOR.

Text of subsec. (a) as amended by Acts 1993, 73rd Leg., ch. 437,
§ 4
(a) Except as provided in Subsection (b) of this section, a
person commits an offense if he purchases an alcoholic beverage for
or gives or makes available an alcoholic beverage to a minor with
criminal negligence.

Text of subsec. (a) as amended by Acts 1993, 73rd Leg., ch. 934,
§ 79
(a) Except as provided in Subsection (b) of this section, a
person commits an offense if he purchases an alcoholic beverage for
or gives or with criminal negligence makes available an alcoholic
beverage to a minor.
(b) A person may purchase an alcoholic beverage for or give
an alcoholic beverage to a minor if he is the minor's adult parent,
guardian, or spouse, or an adult in whose custody the minor has been
committed by a court, and he is visibly present when the minor
possesses or consumes the alcoholic beverage.
(c) An offense under this section is a Class A misdemeanor.

Focus on the part that is bolded. You admitted to making alcohol available to a minor. I don't know how Texas defines "with criminal negligence," but I suspect this would fall into that category i.e. you admitted you were the only one of legal drinking age, so I imagine you would have to claim that it was all for your personal consumption. I'm thinking a half a box of wine and a thirty pack would be a tough sell.

With all that considered, im just wondering what my chances are of getting off, i have never been arrested for anything other than this in my entire life and would love to be able to keep this off of my record. and what steps do i need to take to have the best chance thanks

Getting off will be tough, because you admitted to elements of the crime. The only thing I could see saving you would be if there was something amiss with the police search.

You need a lawyer. Seriously. Because this is what you face:

§ 12.21. CLASS A MISDEMEANOR.

An individual adjudged guilty of a Class A misdemeanor shall be punished by:

(1) a fine not to exceed $4,000;

(2) confinement in jail for a term not to exceed one year; or

(3) both such fine and confinement.