Underage Parties with Alcohol Consumption
For years parents have had concerns regarding underage drinking parties
and the consequences for both the teenager and the adult. Westchester
County has had high profile criminal prosecutions and civil lawsuits that
have stemmed from underage drinking parties.
Several types of arrests stem from underage drinking parties. These include
the consumption of alcohol by a minor, providing alcohol to a minor, endangering
the welfare of a child and/or unlawfully dealing with a child. What can
easily complicate matters is when a teen drinking party leads to a
drug charges and/or a fight between individuals induced by alcohol. In some rare instances
these underage drinking parties have resulted in serious injury or death.
The most important aspect of any teen drinking party is to
contact a lawyer to determine the best
criminal defense for any criminal charges to protect the teenager and/or parents from criminal
liability that can have long lasting consequences.
Andrew Proto, defended a parent in the Croton on Hudson Justice Court who's son
had a few friends over that resulted in an uninvited full blown house
party. The parent was charged with a crime for allowing the party to take
place in the home but through an aggressive criminal defense the parent
avoided any criminal liability.
Andrew Proto, again defended a teenager in the Greenburgh Justice Court
who had participated in an underage alcohol party. The charges were ultimately
dismissed and the teenager was able to avoid any penalties that could
jeopardize his future.
In addition to criminal penalties teen drinking parties can result in extensive
civil litigation based upon injury or death. Not only must an attorney
have an understanding of the criminal aspect of the case but must also
be able to advise and defend against a civil action.
In Westchester County Supreme Court a teenager, who after an underage drinking
party, engaged in a fight with another individual. The teenager hit the
individual with a baseball bat on the left side of his head causing blindness
to the eye.
The teenager's liability was limited but there was still an award for
the injury, pain and suffering. An award based upon an intentional act
by a court can not be discharged in bankruptcy and the judgment will follow
the individual for 20 years.
In some situations a home owners insurance policy will protect a defendant
in a civil lawsuit but in many instances insurance companies will disclaim
coverage because many of these actions are intentional and not based in
negligence. Insurance companies may not even provide a defense. Hiring
an aggressive knowledgeable attorney is essential to protection your rights.
CPS and Family Court
A further consequence of an underage drinking party is that the adult may
be subject to a CPS report and/or a Family Court neglect proceeding. Both
situations carry long lasting consequences and consultation with an attorney
is very important.
The best time to hire an attorney is after the first contact from CPS not
after their investigation has concluded. A lawyer can advise regarding
how to deal with a CPS investigation and can speak to the County Attorney
on your behalf.
In addition the best time to hire an attorney in a Family Court action
is as soon as one is aware of a proceeding.