What are the Consequences of a Minor in Possession Charge in Texas?
Full Question:
Answer:
A no contest plea has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose. Texas statutes provide that a driver’s license will be suspended for 30 days, if the minor has not been previously convicted of an MIP;
(B) 60 days, if the minor has been previously convicted once of an
offense to which the law applies; or
(C) 180 days, if the minor has been previously convicted twice or more
of an offense to which the law applies.
A nolo contendre plea in a criminal case may not be used against the same person in a civil suit based on the same facts. Therefore, if you were sued later in civil court for damages, it would not be used as an admission of guilt. However, it may be required to be disclosed on certain applications, such as an employment or insurance application. Both a gulty plea and no contest plea may appear on your record as a conviction. If it was accidental and no criminal intent was involved, a not guilty plea may be made.
Unless there is a very good reason to do otherwise, a plea at arraignment is typically recommended to be “not guilty”. Even if a defendant feels he is guilty, he should still plead not guilty until after an opportunity to consult with a lawyer or think it over. A guilty plea can always be entered later. A defendant has the right at almost any time to change his or her plea from “not guilty” to “guilty.” It is not usually possible, however, to change from a guilty plea to a not guilty plea. Once a guilty plea is entered, it usually is permanent. Usually, to be allowed to change a guilty plea, it must be shown that there was coercion, deception, or other misconduct that prevented a voluntary plea from being made.
Please see the following TX statutes:
§ 106.05 ALCO. BEV. Possession of Alcohol by a Minor
(a) Except as provided in Subsection (b) of this section, a minor
commits an offense if he possesses an alcoholic beverage.
(b) A minor may possess an alcoholic beverage:
(1) while in the course and scope of the minor's employment if the
minor is an employee of a licensee or permittee and the employment is
not prohibited by this code;
(2) if the minor is in the visible presence of his adult parent,
guardian, or spouse, or other adult to whom the minor has been
committed by a court; or
(3) if the minor is under the immediate supervision of a commissioned
peace officer engaged in enforcing the provisions of this code.
(c) An offense under this section is punishable as provided by
Section 106.071
§ 106.071 ALCO. BEV. Punishment for Alcohol-Related Offense by Minor
(a) This section applies to an offense under Section 106.02, 106.025,
106.04, 106.05, or 106.07.
(b) Except as provided by Subsection (c), an offense to which this
section applies is a Class C misdemeanor.
(c) If it is shown at the trial of the defendant that the defendant is
a minor who is not a child and who has been previously convicted at least
twice of an offense to which this section applies, the offense is
punishable by:
(1) a fine of not less than $250 or more than $2,000;
(2) confinement in jail for a term not to exceed 180 days; or
(3) both the fine and confinement.
(d) In addition to any fine and any order issued under
Section 106.115:
(1) the court shall order a minor placed on deferred disposition for or
convicted of an offense to which this section applies to perform
community service for:
(A) not less than eight or more than 12 hours, if the minor has not
been previously convicted of an offense to which this section applies; or
(B) not less than 20 or more than 40 hours, if the minor has been
previously convicted once of an offense to which this section applies; and
(2) the court shall order the Department of Public Safety to suspend
the driver's license or permit of a minor convicted of an offense to
which this section applies or, if the minor does not have a driver's
license or permit, to deny the issuance of a driver's license or permit
for:
(A) 30 days, if the minor has not been previously convicted of an
offense to which this section applies;
(B) 60 days, if the minor has been previously convicted once of an
offense to which this section applies; or
(C) 180 days, if the minor has been previously convicted twice or more
of an offense to which this section applies.
(e) Community service ordered under this section must be related to
education about or prevention of misuse of alcohol if programs or
services providing that education are available in the community in which
the court is located. If programs or services providing that education
are not available, the court may order community service that it
considers appropriate for rehabilitative purposes.
(f) In this section:
(1) a prior adjudication under Title 3, Family Code, that the minor
engaged in conduct described by this section is considered a conviction;
and
(2) a prior order of deferred disposition for an offense alleged under
this section is considered a conviction.
(g) In this section, "child" has the meaning assigned by Section 51.02,
Family Code.
(h) A driver's license suspension under this section takes effect on
the 11th day after the date the minor is convicted.
(i) A defendant who is not a child and who has been previously
convicted at least twice of an offense to which this section applies is
not eligible to receive a deferred disposition or deferred adjudication.
