If you are under 21 and you possess, purchase or consume an alcoholic beverage, then you can be charged with underage possession of alcohol under VA Code § 4.1-305. The police do not have to catch you in possession of alcohol - if you appear intoxicated to the police, they can stop you, question you and and administer a breath test. If you, or your child, has been arrested, you should call an experienced criminal defense lawyer as soon as possible.
Serious ConsequencesMany of our UVA clients, or their parents, believe that the police or the prosecutors will give students a break or treat them leniently. This is not true; the police and prosecutors will charge and prosecute a student just as quickly as anyone else. If you are charged with a crime, it is important to take the charges seriously. An underage possession conviction is classified as a Class 1 Misdemeanor and can carry a minimum fine of $500, probation, and 50 hours of community service. You may also be subject to a driver's license suspension and honor charges at UVA.
If you are under 18 years old at the time you are charged, you will be charged as a minor in possession of alcohol and your case will go through the Virginia Juvenile Court process. If you are charged in the City of Charlottesville, your case would be heard in the Charlottesville Juvenile and Domestic Relations District Court located at 411 East High Street, Charlottesville, VA 22902.
If you are between 18 and 21 at the time you are charged, your case will be heard in the General District Court. If you are charged in the City of Charlottesville, your case will be heard in the Charlottesville General District Court located at 606 E Market St, Charlottesville, VA 22902.
Free Case EvaluationWe offer students a free case evaluation. We will be able to discuss the charges you are facing, our fees, and an overview of the services we will be able to provide you. Our office is located in downtown Charlottesville, next to the courthouses. Our criminal lawyers are in the local courts, in front of the local judges,and discussing cases with the local prosecutors several days of every week. Call today at (434) 972-9600 or contact us using the form below.
Davidson and Kitzmann, PLC
211 E High Street
Charlottesville, Virginia 22902
Tel: (434) 972-9600
Fax: (434) 220-0011
We are located in Charlottesville, but our lawyers handle cases in Charlottesville, Albemarle County, Greene County, Fluvanna County, Louisa County, Nelson County, Madison County, Orange County, Roanoke, Harrisonburg, Staunton, Waynesboro, Augusta County, and across Virginia.