I am 20 yrs old and recieved a minor in possession in Florida, but I was not arrested.

Instead of being arrested and taken to jail for your minor in possession, you were given what is called a Notice To Appear. This still requires you to attend your court dates in Florida. To try to avoid having an alcohol-related crime on your record, I suggest you call a local criminal defense attorney to help you with your minor in possession.

What you should expect when you receive a minor in possession in Florida is to walk into a courtroom pretty much like they show on TV. This is a second degree misdemeanor with a maximum penalty of 60 days in jail assuming this is your first offense. The Judge should first tell you what you are charged with (minor in possession) and the range of penalties, the judge should ask you if you have an attorney, and if you do not, if you qualify for the services of the public defender. Finally, the judge will ask you how you plea. Mind you, if you have no prior record, the judge may certify no jail time in which case you would not be entitled to a public defender. To answer your second question, it depends. I would not let my son go into any courtroom without a lawyer. There are a number of things that a good attorney may be able to accomplish on your behalf. On the flip side, with no prior record you may walk away with the same thing regardless of having an attorney. I suggest you at least consult an attorney to discuss the case in greater detail before making any decisions. Good luck.

First, the crime is called "possession by a person under 21"- as you are 20, you are not a minor so it would not be minor in possession. So, you have probably already received some bad advice. You should seek the advice of an experienced criminal defense attorney in the area of your arrest. If it had been Gainesville FL, and you have no prior history, an attorney would likely obtain a deferred prosecution agreement for you without the necessity of you ever appearing in court. This agreement would require you to pay a fine, or do community service hours, but would result in the dismissal of your charges. As each jurisdiction is different, and the philosophy of each state attorney's office is different, consulting with an experienced attorney who routinely works in that jurisdiction will assure you of receiving the best advice and outcome for your case. Good luck!

It's always best to consult with a dedicated and experienced criminal defense attorney when facing any criminal charge. A minor in possession charge in Gainesville FL should qualify for their Pre-trial diversion program assuming you don't have any prior criminal history. These programs typically involve some classes, a fine and community service, after which the charge is dismissed, meaning you have no criminal conviction on your record. This is something you may be able to do on your own, but as stated, it's always better to talk to an attorney in that area to get the specifics as to what the program would entail for you. Best of luck. Matt Olszewski FL DUI Group 321-256-1141 [email protected]