Legal Question in Criminal Law in Texas

minor in consumption - no proof/with older sibling

I am 23 and my brother is 19. I took him with me to a friends house where we were BBQing. I was drinking beer which i brought for myself only. some minors showed up with their own beer and about that time they were being loud. An officer walked up and immediatly took them outside. He later asked other minors to come outside this included my brother who was sitting inside eating. he asked who all had been drinking. my brother did not raise his hand. i told the officer he was with me and he was driving me home since i was drinking. One officer said he only saw the three minors mentioned before being loud & drinking. the officer then took all the minors into the street and gave them all MIC tickets. I later told the seargent on the scene the same thing, but he just asked me how much I had to drink and told me to drive my brother home since he got a ticket, he couldnt drive. This was handled all wrong in my opinion. My brother is on a full academic scholarship and can not have this on his record. We both have written up full statements of what happend that night. could we beat this bogus charge?

Asked on 4/12/04, 11:38 am

2 Answers from Attorneys

Lee McMillian Law Offices of Lee MCMillian

Re: minor in consumption - no proof/with older sibling

Yes, you can beat this charge. Do not let your brother plead guilty to anything. Demand a trial. Hire competent counsel and give him the names and contact information for every potential witness, especially the other people at the party.

This kind of police behavior will only stop if citizens take a stand and fight for their rights.

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Answered on 4/12/04, 1:35 pm
James R Matthews J R Matthews & Associates LLC

Re: minor in consumption - no proof/with older sibling

It depends. (Sorry to give you a typical lawyer's answer.) If the reporting officer states in the Incident Report that he "observed" your brother in possession of an alcoholic beverage, then your brother may have a serious problem. He should hire a lawyer experienced in Juvenile/Criminal Law ASAP and get a copy of the Incident Report.

Hope this info helps.


James R. ("Jim") Matthews, Esquire

Office: 940-433-3956

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Answered on 4/13/04, 6:30 pm

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