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Juvenile Drug Possession in California Part 2
In order to find the best San Diego drug criminal defense lawyer, and know what questions to ask, you need some degree of knowledge about the crime. Now that you are familiar with different types of juvenile drug possession crimes in the state of California, we should take a closer look into the trial process and potential repercussions in juvenile drug possession San Diego cases.
The process of juvenile drug possession San Diego trials
There are differences in drug possession trials for adults and juveniles. The basic distinction is between the charges themselves. While adults are charged with drug crimes, minors are not prosecuted in the same way. Instead, they are usually charged with delinquency.
The process itself begins the very moment a juvenile become arrested by the police. It is therefore crucial to come in contact with a lawyer specializing in cases of juvenile drug possession San Diego. Depending on the continuation, there may be immediate need for a seasoned attorney.
If the crime is deemed sufficiently minor by the police, they may allow the juvenile to go off with only a warning. However, the police can also decide to take the offender into custody. The minor is then detained at juvenile hall, with the possibility of a delinquency petition filed to a juvenile court. There is also the possibility of a juvenile entering a diversion program, and immediately put on probation.
Hearings are possible in delinquency cases, and there are rights every juvenile can exercise throughout the steps of the process. One of them is the right to a lawyer. Parents of the minor are also allowed presence during the hearings.
In the case of a juvenile being found delinquent, there are several potential outcomes. These outcomes depend on the circumstances of the arrest, the charges raised, as well as the quality of court representation. That is why an experienced drug possession lawyer is essential in juvenile drug possession San Diego cases.
The outcomes one can expect when being tried for juvenile drug possession San Diego vary significantly. The potential outcomes are as follows:
- Probation – This is the most lenient repercussion a juvenile can suffer when found guilty of delinquency. Probation may entail maintaining a curfew, attending school without truancy, completing a substance abuse course, or performing community service.
- Deferred judgment – In this instance, a juvenile admits to the crimes committed and the charges raised, only for them to be dismissed upon the completion of the appointed program.
- Relocation –If the court sees the influence of the family as an aggravating behavioral factor, relocation ensues. The juvenile can be placed in a probation camp, group home, or a foster home.
- Juvenile detention – In the most extreme of juvenile drug possession San Diego cases, the juvenile is deemed incorrigible and unrepentant by the court. Thus, he or she is committed to one of juvenile detention facilities. This option is usually reserved for more serious juvenile drug offenses, such as trafficking or manufacturing.
The outcome may also depend on the expertise a criminal defense attorney brings to the courtroom. So, if you want to be represented in the best possible way, you should contact a criminal lawyer with experience in juvenile drug possession San Diego.
Juveniles tried as adults
The majority of juvenile drug possession cases are resolved in juvenile courts. However, there are instances of juveniles being tried as adults. The court reaches the decision to charge a minor as an adult based on the presence of a sufficient number of aggravating circumstances.
The judge will take the following circumstances into consideration when reaching a decision of whether to try the offender as a juvenile or as an adult.
- Sophistication – If a juvenile has demonstrated a high degree of sophistication when performing an illegal act in question, the court may deem it necessary to try him or her as an adult.
- Rehabilitation – If the court feels that the juvenile tried lacks the potential for proper penance and rehabilitation, that offender may be charged as an adult. This also holds true if there have been previous unsuccessful rehabilitation efforts.
- History – If the minor has a substantial criminal history prior to the case in question, the court may decide to treat him or her as an adult.
- Seriousness – If the gravity of the crime itself is such, and the surrounding circumstances are unfavorable to the juvenile, the court will charge the juvenile as it would an adult.
If the court reaches the decision to view a juvenile as an adult, the repercussions are going to be the same as they would be for an offender of an older legal age. They may involve prison alongside older offenders, or incarceration in an adult jail.
In order to prevent the case from going to criminal court for adults, a criminal defense attorney has to be skilled enough to argue the case at a preliminary hearing. This is the only opportunity when a lawyer can stop the case from advancing to an adult criminal court, if the circumstances demand it.
Get the best defense for juvenile drug possession San Diego charges!
Vik Monder of Monder Criminal Lawyer Group knows how to do his job, and his experience in criminal drug possession cases in unparalleled. If you are a juvenile who is in need of court representation, there is no better option for you than Monder Criminal Lawyer Group. We have the knowledge, and the desire to help you. We can provide the best possible defense. If you want your voice heard in the courtroom, contact us today!