Define the Law: House Parties
Posted on Feb 27, 2013 11:10am PST
If you are planning to throw a get-together with friends and family in the near future, then make sure to structure the party appropriately. While dinner parties and classy get-togethers are encouraged, when people plan a rowdy and alcohol-filled party it can sometimes get them in trouble. According to the Florida law statutes, it is illegal for a person to host house parties where minors have access to or are encouraged to drink alcoholic beverages or try narcotic drugs. These house parties include any social gathering at a residence such as a home, apartment, or condominium.
The only times that this provision is not regulated in the state of Florida is when the house party and alcoholic beverages are a part of a religious observance or service. Any person who hosts a party with underage drinking or drug use can be charged with a second degree misdemeanor which is punishable by the state. Any person who is charged with this crime and then repeats the offense can be charged with a first degree misdemeanor the second time around. This is the same charge that is also attributed to some DUI cases and domestic violence offenses, which proves that the crime is taken very seriously. In fact, a first degree misdemeanor often merits a fine up to $1,000 and up to one year in jail as part of the penalty.
According to The Wall Street Journal, law enforcement is getting tougher and tougher when it comes to party laws in order to ensure that underage persons aren't drinking alcoholic beverages. More and more often, the hosts of these parties are also being penalized for allowing criminal activities like underage drinking and drug use to take place near their home. Last May, a Massachusetts mother went to jail after she allowed children to drink in her home. Currently, an 18-year-old governor's son from Rhode Island is in the midst of a trial concerning a party that he held in May which involved alcohol.
Also in Rhode Island at the moment, a mother is currently battling the court after she was charged with allowing teens to host a homecoming party with alcohol near her home. The mother pleaded not guilty to her crimes but is still being scrutinized by the prosecution and may face time in jail if she is not able to prove her innocence. All of these people are being prosecuted or were prosecuted because of special host laws which claim that the host of a party is liable for an underage drinking party regardless of whether or not he or she supplied the alcohol.
In some of these cases, the host does not even need to know about the alcohol to get in trouble. In situations like this the host may be falsely accused of approving of underage drinking, so if you are in this situation you will want a criminal defense lawyer on your side. Most party laws are regulated at the state level, not the federal level. In 28 states there are specific laws that talk about the host and his or her part of the crime.
Some states, including California have laws which will impose penalties on the host of a party if a teen is caught drinking and driving or is injured because of underage drinking. In some other cities and counties, such as Cobb County, Georgia and El Paso, Texas, similar ordinances are being employed. Mothers Against Drunk Driving is backing these laws and continues to stand by the decision to support anti-drinking and anti-partying laws. If you have been charged with a misdemeanor for being the host of an underage drinking party, then you will want an attorney on your side. Without representation in your case, you may be accused of a crime and sent to jail. Hire a dedicated lawyer to stand beside you in court today!