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Charges of Minor in Possession of Alcohol do not Issue After Clerk Magistrate Hearing
The defendants are freshmen in a local college. Several months ago they were at a restaurant dining and drinking alcohol. Police officers assigned to an alcohol task force entered the restaurant. They quickly observed the group with drinks in front of them and appearing to be underaged. The officers asked for driver’s licenses. All defendants provided valid driver’s licenses and all were under the age of 21. The officers exercised appropriate restraint, took all relevant information and summonsed the individuals for a clerk magistrate hearing. Our office was hired to represent three of these men. Each was charged with violating G.L. c. 138 section 34, minor in possession of alcohol. At the hearing we prevailed on the clerk not to issue the complaint. All matters will be dismissed in a few months.
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