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A minor in possession charge often happens at a party, a tailgate, a concert, or a traffic stop, and for many young people it’s their first experience with the criminal justice system. It can feel minor, but a conviction creates a criminal record that can affect college admissions, scholarships, internships, and future jobs. Minor in possession in Indiana covers a person under 21 who knowingly possesses, consumes, or transports alcohol in public places or in a vehicle.
Minor in possession is generally a Class C misdemeanor, carrying up to 60 days in jail and a fine of up to 500 dollars, though jail time is rare for first-time cases. A conviction can also lead to a driver’s license suspension in some cases, and related charges, like using a false ID, public intoxication, or OWI for an underage driver, can come with their own penalties. Indiana’s OWI law for drivers under 21 is especially strict, since a driver under 21 can be charged with a blood alcohol content as low as 0.02 percent. For college students, a minor in possession charge can also lead to discipline under the school’s conduct code.
The defense in a minor in possession case often focuses on whether the person actually possessed or consumed alcohol, rather than simply being present where others were drinking. Holding a closed container for someone else, being near open alcohol at a party, or being a passenger in a car with alcohol inside doesn’t automatically mean the person possessed it. Indiana’s Lifeline Law can also provide immunity from minor in possession charges when a person calls for help in a medical emergency, stays at the scene, and cooperates with officers.
At RileyCate, we help young people and their families resolve minor in possession charges with an eye on the future, whether through dismissal, diversion, or another outcome that keeps a conviction off the record. If the case also involves public intoxication, our Public Intoxication page explains that charge.
A first charge deserves careful attention, because resolving it the right way can keep it from following a young person for years. Will Riley and Russell Cate lead our criminal defense team. Russell Cate has more than 19 years of experience and has been selected as a Super Lawyer since 2013, and Will Riley’s Super Lawyers, Top 100 Trial Lawyers, and AV Preeminent recognition reflects the kind of trial-tested credibility that carries weight with prosecutors and judges alike.
Will and Russell personally oversee every case we take on, staffing it with the attorneys, associates, and staff the matter calls for based on its size and complexity, so you get responsive, informed representation from the outset.
Nobody plans to need a lawyer. When something goes wrong, what you need first is someone who will listen, tell you honestly where you stand, and take the next steps off your plate. That is how every case at RileyCate, LLC begins.
We represent individuals, families, and small businesses across Fishers, Indianapolis, and surrounding counties in personal injury and complex litigation, business and real estate disputes, criminal defense, and appeals.
Will Riley and Russell Cate personally oversee every matter, staffing each case to its size and complexity. Both are recognized as Super Lawyers and have argued before the Indiana Court of Appeals and Supreme Court. Will also holds an AV Preeminent rating from Martindale-Hubbell and a Top 100 Trial Lawyer designation.
We are trial-tested, not just settlement-focused. We have tried hundreds of cases, because insurance companies, opposing businesses, and prosecutors negotiate differently with a firm willing to go the distance.
If you or your child has been charged with minor in possession, resolving the case the right way now can protect future opportunities. We offer a consultation to review the charges and explain your options. Reach out to RileyCate today to speak with a defense attorney.
