Legal Question in Criminal Law in New Jersey

Underage drinking..new jersey...

Adult serves alcohol to 7 19 year olds

one of the 19 year olds falls,breaks ankle and is dizzy in hospital....

police investigate, adult says....didn't know the kids were drinking in her house...

police leave....no arrests made....

me, the father of the 19 year old who feel....can i challenge to higher ups and have

the parents arrested?

i believe the police made a serious error...


Asked on 7/26/10, 9:20 am

1 Answer from Attorneys
Daniel Cevallos Cevallos & Wong, LLP

There are a LOT of issues here. First, the criminal liability. Any citizen (or their attorney) can reach out to the prosecutor and raise the issue of the underage drinking. Ultimately, prosecutorial discretion is plenary--that means that the prosecutor has the sole choice of whether or not to prosecute. Second, the civil liability. As a social host, these people had responsibility over things going on in their house. Your son and you may be able to recover from these people AND/OR their insurance company (homeowners) for failing to monitor the situation and allowing underage drinking. Feel free to call our office to discuss your options and potential recovery. 267.639.3105.

-Daniel Cevallos

http://www.cevalloswong.com/about_media.php

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Answered on 7/26/10, 12:37 pm


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