New Jersey Criminal Defense Law Blog : New Jersey Criminal Defense Lawyer & Attorney : John Marshall Law Firm : Drug Crimes, Domestic Violence : Monmouth, Middlesex & Union Counties

My firm represents a number of clients charged with underage possession of alcohol in Ocean Township Municipal Court (Monmouth University students), Belmar Municipal Court, Seaside Heights Municipal Court, and Manasquan Municipal Court. These charges can have a significant impact on a young person's future because, if convicted of a violation of N.J.S.A. 2C:33-15, this is a disorderly persons offense which leads to a permanent criminal charge on your record. This type of offense will show up on background checks for future educational and employment opportunities.

N.J.S.A. 2C:33-15 is the criminal statute which governs underage possession of alcohol and provides in pertinent part:

§ 2C:33-15. Possession, consumption of alcoholic beverages by persons under legal age; penalty

a. Any person under the legal age to purchase alcoholic beverages who knowingly possesses without legal authority or who knowingly consumes any alcoholic beverage in any school, public conveyance, public place, or place of public assembly, or motor vehicle, is guilty of a disorderly persons offense, and shall be fined not less than $ 500.00.

b. Whenever this offense is committed in a motor vehicle, the court shall, in addition to the sentence authorized for the offense, suspend or postpone for six months the driving privilege of the defendant.

A seasoned criminal defense attorney can typically negotiate a downgrade or plea bargain of this charge which results in a fine and no criminal record. This is known as a violation of a municipal ordinance. This avoids a permanent criminal charge on your record and protects your future.

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My office handled many cases this summer in Jersey Shore towns including Manasquan, Belmar, and Seaside Heights with clients charged with underage possession of alcohol, underage driving while intoxicated (DWI), and possession of a fake ID.

One typical example is underage individuals who were charged with possession of a Fake ID in Belmar Municipal Court after attempting to get into a bar or a liquor store with false identification. This is a criminal offense in New Jersey and leads to a permanent criminal charge on your record if convicted. However, our experienced criminal defense lawyers were extremely successful in negotiating a downgrade of this criminal offense to a violation of a municipal ordinance. This results in a fine ($1,250.00 in Belmar Municipal Court) and no criminal charge on your record. The prosecutor will consider your background (any prior criminal history), your age, the circumstances of your arrest (if you were cooperative with law enforcement), and the evidence that the State possesses to prove the charges against you.

If you plead guilty to possession of a fake ID, this is a disorderly persons offense and includes up to six (6) months in the county jail. Moreover, this will lead to a criminal charge on your record which will show up on background checks for future educational and employment opportunities. Obviously for a young person, this can have a significant negative impact on your future. However, you can file for an expungement of this criminal charge five (5) years from the date of your conviction. If you plead guilty to a downgraded violation of a municipal ordinance, you can file for an expungement two (2) years after the violation. If the charges are dismissed entirely, you can file for an expungement immediately to have the arrest removed from your record.

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A parent or guardian who allows an underage person to gamble in Atlantic City, New Jersey is guilty of a disorderly persons offense. The statute which governs this charge is N.J.S. 5:12-119(c) which provides:

N.J. Stat. § 5:12-119 (2010) Gaming by certain persons prohibited; penalties; defenses

c. A person who knowingly allows or permits another person who is under his or her lawful care, custody, or control and who is under the age at which a person is authorized to purchase and consume alcoholic beverages to wager or attempt to wager in a licensed casino or simulcasting facility in violation of subsection a. of this section is guilty of a disorderly persons offense.

As the above statute details, for the State to prove this charge beyond a reasonable doubt they must show (1) that the defendant knew that the underage individual was gambling; (2) that the underage individual is under the defendant's legal care (meaning a parent or guardian); (3) that the underage individual was gambling on a casino floor; (4) that the underage individual is in fact under the legal age to gamble in New Jersey which is twenty-one (21).

As a result, even if a parent allows an underage individual to push the button on a slot machine on a casino floor while in the company of the parent, this is a violation of underage gambling laws by the minor and a violation of the above statute for allowing an underage person to gamble. These charges can have serious consequences and lead to a permanent criminal charge on your record. Contact an experienced criminal defense lawyer if you or a loved one has been charged with underage gambling or allowing an underage person to gamble.

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A charge for underage gambling in New Jersey can have serious and lasting consequences. If convicted, this will lead to a permanent charge on your record which will appear on background checks conducted by educational institutions and potential employers. This can have a significant negative impact on a young person and their future.  A criminal charge for underage gambling in New Jersey is governed by N.J.S.A. 5:12-119 which provides in pertinent part:

N.J. Stat. § 5:12-119 (2010) Gaming by certain persons prohibited; penalties; defenses
a. No person under the age at which a person is authorized to purchase and consume alcoholic beverages shall enter, or wager in, a licensed casino or simulcasting facility; provided, however, that such a person may enter a casino or simulcasting facility by way of passage to another room, and provided further, however, that any such person who is licensed or registered under the provisions of the "Casino Control Act," P.L. 1977, c. 110, may enter a casino or simulcasting facility in the regular course of the person's permitted activities.

Any person who violates this subsection shall be guilty of a disorderly persons offense and shall be fined not less than $ 500 and not more than $ 1,000. In addition, the court shall suspend or postpone the person's license to operate a motor vehicle for six months.

Unfortunately, the Atlantic City Municipal Court and the Atlantic City Municipal Prosecutor have a "ban" on plea bargaining a criminal charge for underage gambling in Atlantic City. As a result, as a defendant, you have two options. The first option is to plead guilty with the minimum penalties and the second option is to take the case to trial. The minimum penalties include a $500.00 fine and a six month suspension of your driving privileges in New Jersey. To prove a violation of this statute, the State must only show that an individual under the legal age to drink (21) was present on the casino floor, provided that the individual is not merely "passing through" such as traveling through the casino to reach the hotel lobby.

It is imperative that you have an experienced criminal defense lawyer represent you at trial. The State typically produces evidence, including a narrative report of the incident and video footage of the alleged crime, which must be reviewed and entered into evidence at trial. Moreover, the State must call the security officers to the stand to testify as to their observations and actions. If the State's witnesses fail to appear for trial, we may be able to get the charges dismissed altogether.

If you or a loved one has been charged with underage gambling in New Jersey, contact my law firm for immediate assistance at (732)450-8300. The initial consultation is always provided free of charge.

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