What is Approved Limited Purpose for an MIP Charge in California?San Diego Legal News
Getting into trouble with the law can be a terrifying ordeal, particularly for minors who have been arrested for their first offense. In the state of California, there are penalties for crimes both big and small, and while something like a minor in possession or MIP charge may seem small, the consequences can end up following an offender around for years. A talented California criminal defense attorney can apprise you of your many defense strategies, however, we are looking at one in particular here called, approved limited purpose.
Approved Limited Purpose
For a young person who has just been charged with MIP in California, it is not surprising that they may immediately begin exploring different defense strategies. One of these strategies is called approved limited purpose, and it has a fairly specific definition. The law is pursuant to Business and Professions Code 25662, and it provides an exception for the authorized possession of alcohol by a minor.
The defense is presented when there is a clear argument stated as the offender having possession of an alcoholic beverage for the sole purpose of delivery to an adult. In order for this to be made a complete California defense, it is important to know that the law falls under two stipulations. It must be proven that the minor was acting under the direction of an adult for delivery to their parent or another caregiver, or that possession was strictly a part of the offender’s job duties.
Although this defense might seem like an attractive option as it may allow the offender to escape penalties, it is crucial to know that this strategy is known as an affirmative defense. Basically, this means that it is entirely up to the offender, through their California criminal defense attorney, to prove that they were acting within the boundaries of this exception.
Example of Approved Limited Purpose and Further Exception
An example of this defense is in the event that a minor is able to prove that they were working as a delivery boy for a grocery store. If the defense can show that the offender was simply delivering an unopened alcoholic beverage to an adult as part of their job requirements, then that person will not be in violation of the law. Likewise, a parent or other caregiver may be able to prove that the offender was acting on their orders at the time of the arrest.
When the defense relies on the parent or caregiver, there may be another exception in place if the arrest took place within the confines of a private residence. This moves to understand that even if the offender is technically guilty, they may be absolved but only in the event that the alcohol was discovered following a violation of search and seizure laws in California. Nevertheless, no matter the details of your case, a California MIP defense attorney is the first and foremost thing to consider.
California MIP Defense Attorney
At Coastal Legal Center, we are dedicated to representing otherwise good people who may have been charged with a crime. We believe that no mistake, especially one made as a child, should send you down the dark and prolonged path into a complicated criminal justice system. If you have been charged with minor in possession of alcohol in California, please don’t hesitate to call 619-231-0724 and schedule a free consultation today.