Many people question how a person can be charged with Furnishing Alcohol to Minors when the only witnesses for the prosecution are underage drinkers from the party that had obviously been intoxicated when they were interviewed by the police. In this scenario, the underage drinkers are often given a “cooperation” discount and may not even be charged with Underage Drinking as long as they are willing to testify against the alleged furnisher. While this scenario may not be fair, it is fairly common. The fact that the underage people were intoxicated and were also breaking the law does not prohibit the district attorney from using such people as the primary witnesses. Instead, the fact that the underage person was not charged based upon cooperation and was drunk on the night in question goes to the credibility of that person, and credibility is considered by a judge or jury at trial. More specifically, this issue goes more to the strength of the case and not if the Furnishing Alcohol to a Minor charge can be filed.