Having alcoholic beverages around public educational institutions can result in grave criminal charges. The law prohibits exposure of minors to drugs and alcohol substances due to the risk that exposure could cause. These are charges that could result in a lengthy prison sentence and a hefty fine, especially if the risk to minors is high. A conviction could also result in a criminal record that will affect your life for a long time.
However, you can fight your charges if you face false accusations or do not act with criminal intent. Our skilled San Diego attorneys at the Law Offices of Anna R. Yum have lengthy experience handling related cases. We could compel the court to dismiss or reduce your charges.
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The Legal Meaning of Alcoholic Beverages at Public Educational Facilities
The Business & Professions Code 25608 prohibits possessing alcoholic drinks at or near public educational facilities. This puts minors in these institutions at risk of alcohol abuse and addiction. The law specifically prohibits the consumption, possession, distribution, sale, and delivery of alcoholic beverages while on school grounds. If you face charges under this law, the prosecutor must demonstrate all the elements of the crime beyond a reasonable doubt for the court to find you guilty.
An alcoholic beverage, according to this statute, refers to any beer, hard liquor, carbonated alcoholic drink, wine, or any type of homemade or commercial alcohol that you could transport in a can, bottle, or flask.
The law prohibits committing this offense within a public educational facility. An educational facility or a school ground includes a public early education facility, a grade school, and a public university or college.
Example 1: Jimmy, a college bursar, sometimes brings a few cans of beer to work whenever he works late in the evenings after everyone has gone home. Unknown to him, BP 25608 does not specify the day or time you should not carry or consume an alcoholic beverage within a public educational facility. In this case, Jimmy can face grave criminal charges, punishable by a lengthy prison sentence.
You can face charges under this statute even when no one is around during your arrest. What matters is that you have a prohibited beverage within a restricted zone.
Example 2: Christian is tasked with picking up his younger brother from a public early education institution on his way home. He buys a flask of vodka on his way to the institution. Unfortunately, he is arrested after leaving the institution with his younger brother.
In this case, Christian is guilty of possessing an alcoholic beverage in a public educational facility. The charges still hold even though he was not drinking or had not consumed some of the flask’s content.
Exceptions to This Law
Although this law seeks to protect minors from unlawful exposure to alcoholic beverages and the harm it can cause them, some people are exempt from persecution. For example, people who bring alcoholic beverages to an education facility for educational purposes like culinary arts are exempt from persecution. Also, you cannot face persecution if the alcohol in your possession is needed for a legal course study or in the hands of an authorized person within the institution.
Additionally, educational institutions can legally serve alcoholic drinks in an event happening after school hours, and minors are not in attendance.
How District Attorneys Charge This Offense
When prosecuting criminal cases, district attorneys bear the burden of proof. This means they must prove all the elements of this offense beyond a reasonable doubt. This is the only time the court will deliver a guilty verdict against you. The elements of an offense under BP 25608 include the following:
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You were found in possession of an alcoholic drink
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The police arrested you while in possession of an alcoholic drink in a public educational institution
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You are not exempt from persecution under this law
Having an alcoholic beverage can mean that you have a bottle, can, or flask of the drink in your hands or in something you were wearing or carrying. It could be a coat, gym bag, purse, or backpack. The police can also arrest you while you are consuming, distributing, selling, or giving out alcohol. What matters is that you had the alcohol at the time of your arrest and were aware of the alcohol’s nature and presence.
Remember that an alcoholic beverage can be in any form, including a wine box, mason jar, beer cans, flasks, or any other way.
Also, you will be arrested for having alcohol within a public educational facility, whether the facility is in or out of session.
Under this statute, anyone can face charges, from a parent picking a child from school to an older sibling watching a football game in a junior school.
Penalties for Possessing Alcoholic Beverages at a Public Educational Facility
Possession of alcoholic beverages in a public educational facility is generally a misdemeanor offense. After a conviction, you will likely receive a jail sentence of six months and a maximum court fine of $1000.
The judge can sentence you to misdemeanor probation instead of a jail sentence if the circumstances of your case allow. When this happens, you could be on probation for one to three years. Although the judge does not place you under the probation department, you must submit periodic reports to the court regarding your progress. The judge will also set probation conditions you must adhere to throughout the probation period. For example, the judge could:
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Order you to participate in community service.
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Require you to meet with them regularly in court to discuss your performance.
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Prohibit you from engaging in crime or being arrested while on probation
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Pay all court fines and restitution if they apply to your case
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Ask you to undergo treatment or rehabilitation for all alcohol-related problems you have
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Ask you to undergo counseling or group therapy for a particular period
You must abide by the terms and conditions of your probation, which the judge will give during sentencing. If not, you could face additional charges for violating your probation or contempt of court order. Once the judge finds out that you have violated your probation, they could hold a hearing to discuss the circumstances of your violation and the consequences. From that hearing, the judge could resolve the following:
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Continue probation under the same conditions but with a stern warning against further violations.
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To continue probation but under new and stricter probation conditions
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To discontinue probation and send you to jail for the required period.
Enhanced Penalties for a Conviction Unde BP 25608
The judge can enhance your sentence if there are aggravating factors in your case. An enhanced sentence means you will serve a longer jail or prison sentence than the law provides for this violation. For example, suppose there is evidence that you gave some of the alcohol to a minor in a public educational facility. In that case, you will likely face a harsher penalty than what the law provides for simple possession of alcohol in an academic institution. The prosecutor can even file charges under a different law, like BP 25658, which is punishable by a harsher sentence.
Additionally, the judge will consider if anyone was hurt or was at risk of harm due to your actions. In that case, they will enhance your sentence.
Example: Mirriam, a local college professor, habitually enjoys a drink or two after work in her office. Since she knows it is against the college regulations, she does so behind a closed door. After a successful day, some of her students follow her to the office after class. She offers them a drink to celebrate some of their success. However, she nudges them not to talk to anyone about it.
Unfortunately, Mirriam’s supervisor enters her office and catches her enjoying a drink with minors. The supervisor reports her to the college authorities, and eventually, it becomes a police and legal matter. Mirriam is charged under BP 25658 for serving alcoholic drinks to minors and under BP 25608 for carrying an alcoholic beverage within a public educational institution. She will likely face severe charges once the judge delivers a guilty verdict in her case.
If any of her students are injured after consuming the drink, Mirriam can face an enhanced sentence for furnishing alcohol to minors within a public education institution.
Other Possible Consequences of a Conviction Under BP 25608
A conviction under BP 25608 will leave you with a criminal record that will affect your life in many ways. For example, employers conducting background checks on employees before hiring can deny you a job regardless of your qualifications. A landlord can also deny you a chance to rent in your preferred neighborhood because of your criminal background.
A conviction under BP 25608 could also affect your credibility as a professional license holder. Government agencies that issue professional licenses take disciplinary action against their professionals when convicted of a misdemeanor or felony. If a professional board suspends or revokes your license, you can no longer earn a living from your skills or experience. However, this depends on the details of your case.
A misdemeanor probation will leave you working and living under strict and uncomfortable conditions for years. Although you will not be incarcerated, you will still not be free to work or live your life as you want.
Defending Yourself Against Charges Under BP 25608
A criminal conviction can affect various aspects of your life, including your professional and social lives. The impact of a criminal conviction remains for years until a court expunges your criminal record. You can avoid a conviction if you prepare well for a trial. During a criminal trial, you can present a solid defense against your charges to compel the court to dismiss or reduce your charges. A skilled criminal defense attorney can help with that. Here are some of the strategies that could work well for your case:
The Beverage Was Not Alcoholic
Charges under BP 25608 apply in cases where a person is found in possession of an alcoholic beverage within an educational facility. You can fight to have your case dismissed if the drink in your possession was not alcoholic. Sometimes, the police are mistaken, especially when there are factors suggesting that the beverage in your possession is alcoholic. For example, if you drink water from a vodka flask or have some juice in a beer can, the police can mistakenly arrest and charge you under BP 25608.
In your defense, you can prove that the beverage in your possession was not alcoholic. The judge will dismiss your charges if this happens. You are not guilty under this statute as long as you do not have any alcohol on your person or property.
Example: To fit in with her college friends, Maria uses her uncle’s vodka flask to carry some juice because her friends always have some alcohol at school. The janitor sees and reports them to the college administration, and Maria is charged alongside her friends under BP 25608. Maria can use this defense and even provide evidence in court that her flask did not contain an alcoholic drink but regular juice. With the assistance of a skilled attorney, the court can dismiss Maria’s charges.
You Were Not Arrested on a Public School Facility
BP 25608 is very clear that you should not carry, sell, furnish, or distribute alcoholic beverages within a public school environment. Using this defense, you can fight your charges if the police arrest you somewhere else and not within a public educational facility. A guilty verdict means you were physically present on public school grounds while consuming or in possession of alcohol.
This defense strategy can work if you are not on school grounds. The police cannot arrest you for heading to or attempting to enter public school grounds while consuming or in possession of alcohol. The judge will dismiss your charges if the prosecutor cannot prove beyond a reasonable doubt that you were physically present on prohibited grounds and had alcohol.
Example: While waiting for his son to present his artwork to the teacher, Nick enjoys a few drinks in a cab parked outside the school. His son’s teacher brings the boy to the gate and signals for his father to pick him up. An officer who has been watching Nick’s every move arrests and charges him for consuming alcohol on school grounds.
However, Nick’s attorney challenges the prosecutor’s case, making it impossible for them to prove Nick’s case beyond a reasonable doubt. Consequently, the judge dismisses Nick’s charges.
Being a small distance away from a public educational facility does not make you guilty under this law if you are found drinking or carrying alcohol.
You Are Facing False Accusations
False accusations are one of California’s leading causes of wrongful arrests and convictions. Some people are paying, and others have paid for crimes they did not commit. People falsely accuse others for various reasons, including a desire for revenge, jealousy, or to get even with the person for something they did or did not do. Sadly, you can be found guilty of a crime you did not commit if you do not fight your charges with compelling evidence.
A skilled attorney will know best how to present your defense to weaken the prosecutor’s case or demonstrate your innocence to the jury and the judge. For example, they can use your alibi to prove that you did not have any alcoholic beverage. They can use eyewitnesses or forensic evidence to dispute the prosecutor’s case. For example, a forensic expert can prove that the fingerprints found on the container alleged to have the alcoholic beverage you are accused of possessing or consuming were someone else’s.
Assistance or an experienced criminal attorney is needed to avoid being convicted of a crime you did not commit.
You Are a Victim of a Wrongful or Illegal Arrest
Unfortunately, not all police arrests are legal. Police have set guidelines to follow when conducting arrests. For example, they must have probable cause to arrest and charge a person with a crime. If you believe that the arresting officer profiled you or did not have probable cause, your attorney can compel the judge to dismiss all evidence against you and your charges.
Your arrest can also be illegal if the police search your person without probable cause or a search warrant. You can fight your charges if you believe that you are a victim of an illegal search and seizure.
A wrongful arrest could happen if you are arrested for another person’s mistakes. For example, if you were holding someone’s bag and the bag contained alcohol, you can cite a wrongful arrest provided you can prove that the bag and the alcohol did not belong to you.
Additionally, your attorney can fight your charges if the police violated your rights during the search or arrest. For example, if the officer failed to read your Miranda rights or coerced your confession, the judge can dismiss the evidence against you and all your charges.
You Are a Victim of Police Entrapment
Sometimes, the police use entrapment to arrest offenders in the act. This mostly happens when it is difficult to arrest a person in the act. For example, people who sell or give alcohol to minors do so in hiding to avoid being arrested. Entrapment is legally allowed if it does not result in an unlawful arrest.
However, your attorney can fight your charges if the police misused entrapment to arrest you for a crime you would otherwise not commit. For example, if an officer tricks you to carry or deliver alcohol in a restricted area, you can use this defense if you would not have committed the crime were it not for the trick.
Alcoholic Beverages at Public Educational Facilities And Related Offenses
Some offenses are closely related to BP 25608. The prosecutor can charge you with one of these offenses in addition to BP 25608 or its place. They include the following:
Furnishing Alcohol to a Minor
The law against furnishing, providing, or selling alcohol to a minor is under BP 25658. You can face charges under BP 25608 and BP 25658 for having alcohol on educational grounds and giving it to an individual under the age of 21 (the legal drinking age in California).
Minor in Possession of Alcohol
The law that prohibits minors from having or consuming alcohol is under BP 25662. According to this law, the legal drinking age is 21. You can be arrested and charged for drinking or having alcohol in a public place if you are 21 or younger.
DUI for Underage Drivers
VC 23136 prohibits underage drivers from operating vehicles while intoxicated. If you are 21 or younger, you should not operate a vehicle with any amount of alcohol in your system. You can be arrested and charged for having alcohol in your car as an underage driver.
An underage driver can face charges for having alcohol in an educational facility and for DUI if they are arrested for consuming alcohol while driving inside a public institution.
Contributing to a Minor’s Delinquency
PC 272 makes it unlawful for any adult to contribute to the delinquency of a minor. You can face charges under this statute for any action or omission that causes a minor to commit a crime, including furnishing them with alcohol or involving them in the sale of alcohol.
If you furnish alcohol to a minor in an educational facility, the prosecutor can file charges under BP 25608 and PC 272.
Find a Competent Criminal Attorney Near Me
Having or consuming alcohol in a public educational institution is a grave offense that carries severe penalties. In addition to a lengthy jail sentence and a hefty fine, you end up with a damaging criminal record after a conviction for this offense. You could also be eligible for an enhanced sentence if there are aggravating factors, like the involvement of a minor, in your crime.
Fortunately, you can change the outcome of your case through a solid defense in San Diego. Our attorneys at the Law Offices of Anna R. Yum can use the best defense strategies to obtain a favorable outcome for your case. Call us at 619-493-3461 to learn about your charges, options, and our services.
