Serving Alcohol to a Minor

Experienced Lawyers Handling Cases of Alcohol Provided to Minors

Seek counsel from our talented criminal defense attorneys if you have been charged in Freehold, Long Branch, Neptune, Asbury Park, Holmdel, and Monmouth County towns

Serving Alcohol to a Minor in New JerseyThere are varying stances around serving alcohol to a person under the age of 21, the country-wide legal age to consume alcohol, according to the National Minimum Age Drinking Act. The closer a youth comes to their 21st birthday, the more lax those around them tend to become regarding sharing alcohol or purchasing it for a minor. In fact, some consider providing alcohol to a minor in their home under close supervision one of the safest bets for that minor, given that they are likely to obtain it in some manner.

New Jersey law, however, does not see things this way. Providing alcohol to an underage individual can result in some serious penalties. Read on to learn about underage drinking laws in New Jersey, and how to protect yourself, and minors, from getting into trouble.

At Chamlin, Uliano & Walsh, we serve clients throughout Ocean and Monmouth County such as Harvey Cedars, Island Heights, Aberdeen, Asbury Park, Manasquan, Red Bank, and Belmar. If you are facing criminal charges for serving or otherwise facilitating alcohol consumption by a minor, we will carefully hear your case, fights for your rights, and ensure that you have access to the best defense counsel.

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What is considered supplying alcohol to minors in New Jersey?

New Jersey Statutes 2C:33-17 states that a person is prohibited from consciously serving, selling, or making alcohol available to a minor. This includes the simple act of peer pressure, by which a person encourages or forces an underage minor to drink an alcoholic beverage. The law also prohibits the provision of a property in which alcohol is made available, but the homeowner is not on the premises, having purposefully left in order to attempt to create a loophole to responsibility.

What are the penalties for providing alcohol to a minor in Manasquan, NJ?

The New Jersey Department of Law and Public Safety, a branch of the Office of the State Attorney General, states that a parent or legal guardian can be held legally responsible for providing alcohol to a minor under their legal guardianship. Providing alcohol to a minor is a disorderly persons offense that comes with a fine of up to $1,000 and up to 6 months in prison. Such a charge would result in a criminal record.

An adult can also be held liable for negligence if they allow alcohol to be consumed on their property while they are not present.

What are the penalties for consuming alcohol as a minor in Brielle?

The National Minimum Age Drinking Act prohibits sales to minors and the use of a false identification to purchase alcohol. If the person consuming alcohol is a minor, they can also be subject to an underage drinking charge, which carries additional penalties.

N.J.S.A 2C:33-15 states that “possession, consumption of alcoholic beverages by persons under legal age,” in a school, public place, or motor vehicle is a disorderly persons offense.  The fine for underage drinking is at least $500. In addition, the offense of underage possession or consumption of alcohol by a minor includes up to 6 months in jail and a fine not to exceed $1,000. A convicted minor caught drinking may also lose their driving privileges or have the date upon which they can obtain a driver’s license postponed for up to 6 months.

Are there defenses for providing alcohol to minors charges in NJ?

Serving alcohol to a minor does not necessarily mean that you’ll face a criminal record and have to go to jail, however. In New Jersey, some minor offenses carry what is called a presumption of non-incarceration, or PNI, if the accused has no prior legal history. Having the support of a skilled attorney is essential to ensure that your charges don’t result in a conviction, which make it impossible to take advantage of New Jersey’s presumption of non-incarceration if you are charged with an additional criminal offense in the future.

Furthermore, not having to face incarceration doesn’t mean that a convicted adult is off the hook. A person convicted of providing alcohol to a minor who is, for example, issued community service instead of jail time, still has a criminal record. Even a minor disorderly persons criminal charge can wreak havoc on one’s attempt to land a job in the future or be accepted into certain higher education institutions.

There is, fortunately, a chance for someone who is charged with serving alcohol to a minor to avoid a conviction entirely. Not every case can be supported by facts and evidence, which makes a criminal defense lawyer’s review and ability to challenge the case invaluable. There are other options as well, such as New Jersey Diversionary Programs. NJ Diversionary Programs offer specific activities during a probationary period in exchange for an avoided sentence of jail time or criminal conviction. Such activities may include community service, alcohol counseling, avoiding arrest, and random drug screening. A skilled criminal attorney can support you in taking advantage of this route so that your disorderly persons charge doesn’t create such a lasting mark on your record.

What are the consequences if alcohol leads to injuries for the minor?

Still more severe are penalties that result when serving alcohol to an underage drinker results in their injury or death. According to the New Jersey Social Host Liability Law, civil penalties can be incurred in addition to criminal penalties if the result of their provision of alcohol is injury to the minor or even death.

Are you facing charges for Providing or Allowing Minors to Drink Alcohol? Contact our Defense Attorneys for an initial consultation in West Long Branch NJ

When it comes to protecting yourself in the face of a disorderly persons charge for serving alcohol to a minor, it is essential to have the support of a qualified criminal defense lawyer. At Chamlin, Uliano & Walsh we understand the importance of helping you protect your reputation and legal future.

Have you been charged with giving alcohol to a minor? Contact a member of our team today. We successfully represent clients in all types of criminal cases across Bay Head, Sea Bright, Rumson, Little Silver, Howell, Eagleswood, Wall, and surrounding places in Ocean and Monmouth County. Contact us at (732) 440-3950 for a consultation to discuss your situation and the possible scenarios you have ahead.