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Happy Halloween weekend. While the kids are trick or treating, it’s inevitable that the high school and college students will find a way to celebrate as well. While the drinking age is 21 in Ohio, there are exceptions everyone should be aware of:

  • Consent from a legal guardian in or on a private, non-alcohol selling
  • For religious purposes
  • For medical purposes
  • Consent from a legal guardian in or on an alcohol selling premises (wedding, restaurant, catered affair)

That being said, parties happen at friends’ homes and while it’s the duty of the owners of the home to know what is going on, it does not always happen that way.  As a criminal defense attorney in Ohio, students come to me after they have been arrested at said party because he did not know his rights and responsibilities and surrendered his 4th and 5th Amendment rights. It’s important that everyone know their rights and responsibilities when approached by law enforcement. A high school/college student who is drinking under age needs to be capable of making informed decisions.

I do not condone breaking the law, but as a criminal defense attorney in Ohio, I know the reality is that most kids drink, and there is no way around it. Everybody makes mistakes, especially kids, and they don’t need to pay for it the rest of their lives. Know your rights and make sure your kids know them. Everyone breaks the law every day, unintentionally, like driving over the speed limit.

If at a party and approached by law enforcement:

  • First and foremost; it is the best to be polite, if you find yourself in this situation.  Be courteous and cooperative, but don’t incriminate yourself – you do not have to give any information other than your name and address.  You may be asked if you know what you have done wrong. Don’t say anything.  Silence.
  • You don’t have to show your personal identification that shows your age.  You do not have to show your driver’s license or tell police your social security number.
  • Do not ever lie; it is a crime to lie to police, but never a crime to refuse to answer any questions. Be very polite and firm even if you have been threatened or the officer seems mad. Often, I hear the officer has said “If you talk to me, it will make things easier”. No. It won’t for YOU, just for him.
  • Don’t run.
  • Don’t argue.
  • Do not consent to a search of yourself or any of your bags. Giving consent waives your Constitutional right to be free from unreasonable search or seizure.  Don’t even volunteer to a search. Remember this if you are having a party.  Even if they forge forward to search, your refusal could lead to any charges being thrown out.
  • If you are not under arrest, the officer has no right to hold you for any reason.
  • Remember everything you can with your encounter. Record it if you can. It’s your right.
  • Keep quiet. Call a criminal defense attorney, immediately.

The Bottom Line:  You may be arrested.  But the less information you give about yourself, and the more rights your exercise the harder it will be to convict you in a court of law. Put my number in your phone and know that you can reach me any time. 513-260-2099