Legal Question in Legal Ethics in Pennsylvania

I recently turned 21 and will be attending a party with ~20 underage kids at a large house rented out by the owner specifically for parties and a breakfast in bed sort of thing for them to have for the weekend. They will be drinking, they obtained there alcohol on their own and I wasn't even asked. (I don't think most even know I am 21 because my birthday was so recent - few days ago). I will not be drinking AT ALL and will not have any alcohol on me at any time. If the police are to show up, what kind of trouble would I be in, if any? Their assumption of me purchasing it for them, which is wrong? Should I leave at night when they drink? Maybe find a hotel, go night fishing until they are in bed? (I'm obligated to go, its for my girlfriends after prom party and I've been begged to go by all her friends, already payed the hefty price and I'd really like to get away, its very soon and I am driving and providing a ride to people, etc, etc.) What kind of charges could I face? What other precautions could I take? and overall how bad of an idea is this? too risky? I do have a perfectly clean record and will definitely do whatever I can to prevent trouble. I would just hate for a weekend away with my girlfriend and friends to be ruined because THEY want to drink at night, and I disagree.


Asked on 6/02/11, 5:59 pm

1 Answer from Attorneys

Andrew Solomon Law Office of Andrew A. Solomon

First, since the party is not in your home or on your property you probably have nothing to worry about there. Second, so long as you don't drink and don't provide any alcohol to persons under 21, again, you're probably OK. The problem in a situation like this is you are going to be with a lot of underage people who are drinking. Things could get out of hand, and if the police are called to the scene, they are not going to take the time to sort things out at the scene, but could arrest everybody there. Although you can't be charged with underage drinking, if things get really out of hand, you could be charged with disorderly conduct. If they cause damage to the house, you could be held partially responsible for any damages. Finally, how well do you know these people. If the police are called, they will ask each of the underage drinkers "where did you get the alcohol". To save themselves, and since you are 21, they could point the finger at you, and then you could face more serious charges such as providing alcohol to underage persons.

You could certainly fight these charges and would probably win, but that would require you to hire a lawyer and possibly go to court.

I think you are right to be concerned, because in my experience, a large group of underage people drinking often leads to trouble. You might want to" play it by ear", and if things start to get out of hand, simply leave.

Obviously, what I have described is a worst case scenario. Are there risks? Absolutely. So unfortunately yuo're going to have to assess the situation and make adecision from there.

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Answered on 6/03/11, 8:23 am


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