What Will Happen if I Get Caught With Drugs as a Minor?

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The juvenile justice system in Georgia differs substantially from the adult criminal system. Anyone under 17 is considered a minor for purposes of criminal law. Unfortunately, many minors commit crimes and face charges, including juvenile drug possession charges. If you or your child are facing charges as a minor Contact Moffitt Law LLC. Our team of LaGrange criminal defense lawyers can explain the juvenile justice process in greater detail and provide an overview of what to expect. We often hear from panicked parents who want to know what to expect. We are happy to help you and your child in any way that we can.

What Happens if a Minor Gets Caught with Drugs?

If the police catch a minor with drugs, then they’ll take the minor into custody. Most cases involve the possession of controlled substances, such as marijuana or cocaine, but minors can also be taken into custody if they have prescription drugs without a valid prescription.

A minor in custody immediately goes through the intake process. A juvenile court intake officer will be assigned to investigate the offense. Within three days, the officer should determine if there is sufficient evidence to support the charges and, if so, whether to hold the minor in custody until the preliminary hearing.

Pre-hearing detention is not automatic. The most common reasons for detaining minors are that they are a threat to others or have prior criminal problems. For possession of small amounts of drugs, most minors are released to their parents. Parents should be notified quickly after a child is taken into custody.

A minor will first appear before the court at a detention hearing. This hearing serves many purposes. The judge will notify the minor of the charges and the nature of the proceedings, while also deciding whether to keep the minor in detention.

A Minor’s Rights in Juvenile Court

The purpose of juvenile justice is rehabilitation and doing what’s in the child’s best interests. The state recognizes that many children make mistakes and should not be punished like adults. Instead, teens can often turn their lives around with proper intervention, such as counseling or substance abuse treatment.

Nonetheless, this is still an adversary process, and children have rights even in juvenile court:

  • A minor does not have to plead guilty. Instead, they can force the state to present evidence showing the child committed the offense.
  • A minor has a right to remain silent after arrest. The state cannot force any child to testify against themselves.
  • A minor has the right to legal counsel. This means a child can put on a defense with the help of a lawyer, including having witnesses testify.

Please reach out to our firm to speak with a LaGrange juvenile justice lawyer. One mistake is assuming that the system will take things easy on the minor. Although the process is mostly focused on rehabilitation, any “conviction” can throw a wrench in your child’s life. Get experienced legal counsel.

Juvenile Drug Possession Penalties

The juvenile court should hold an adjudication hearing if the minor doesn’t admit to the charges.

Minors have no right to a jury trial in Georgia. Instead, the judge will determine whether there is sufficient evidence to prove drug possession beyond a reasonable doubt. The minor can present their evidence, including witness testimony. Our firm can make arguments on behalf of the defendant to increase reasonable doubt or the legitimacy of the charges. One argument could be that the police stop was unconstitutional.

If your child is adjudged delinquent, then the case moves to the disposition hearing and consideration of penalties.

Because the goal is rehabilitation, a judge might order drug treatment or counseling. Drug court combines counseling with strict monitoring and testing to ensure compliance. A judge might also order a child to participate in drug education classes.

The law requires juvenile judges to order the “least restrictive” disposition in light of the facts. Other juvenile drug possession penalties include:

  • Community service
  • Restitution to victims
  • Any other requirements the judge deems appropriate

Depending on a minor’s situation, a judge might even order a minor to complete their high school education or obtain a GED. We often see family members involved in the rehabilitation process, which might include family counseling.

Detention as a Sanction

Despite all the talk of “rehabilitation” in juvenile court, some teens could still end up in detention.

That is the most serious sanction. Few drug possession cases will result in detention, but it’s always possible depending on the facts:

  • The minor was caught distributing the drugs or had large amounts that distribution is presumed.
  • The minor is a threat to other people’s safety.
  • The minor committed other violent offenses in addition to having possession of drugs.
  • The minor has a criminal history.

Don’t simply blow off detention because this is a minor’s first run-in with the police. Instead, work with an attorney who can argue that detention is not necessary.

Criminal Charges as An Adult

It’s also possible that a minor could be charged as an adult for possessing drugs. This scenario is usually limited to extreme cases. For drug possession, a state might charge a minor as an adult if they were involved in trafficking large amounts of drugs.

Once charged as an adult, the defendant can face the full range of punishments, regardless of their age. Minors should hire a criminal defense lawyer with ample experience defending adults from drug possession or trafficking charges.

Call Moffitt Law for Assistance

Teenagers make mistakes. Getting caught with a joint or a small amount of other drugs shouldn’t result in years in juvenile detention, a criminal record, and delayed dreams. Call Moffitt Law, LLC today. Our firm can go over the charges and explain in greater depth what happens if a minor gets caught with drugs. It’s possible to fight juvenile drug possession charges and win.

Contact us to schedule a consultation with a defense attorney. We can ensure a child’s rights are respected through the process and will fight so they don’t face excessive sanctions such as juvenile detention.

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