Juvenile Drug Lawyer Case Results in Scottsdale, Arizona

Client Charged With A Juvenile Drug Crime in Scottsdale, Arizona

REDUCED SENTENCE & CHARGES DISMISSED

Facing juvenile drug charges in Arizona can devastate both the accused child and their family. It is unsettling to watch your child detained and go through the legal process as a parent. There are many unanswered questions, and you worry about your child's future.

Most of the time, offenses committed by children are identical to those for which adults are prosecuted. The primary distinction is that juvenile court, which often emphasizes rehabilitation, may be used to try your child. A juvenile can still be tried in an adult court with adult penalties if the crime is severe enough.

Keeping The Case In Juvenile Court Is Key

The most important goal is to keep the matter in juvenile court. A juvenile court's mission should be to assist the youngster in becoming a valuable and successful member of society. Prosecutors and judges in Arizona aggressively pursue drug offenses. So, if your child is getting close to turning 18, the prosecution can want to have the case heard in an adult court.

This may be even more true if the prosecutor believes the crime committed was exceptionally serious. For instance, a prosecutor may want to charge a seventeen-year-old who commits a crime that would be considered a felony in Arizona in a court for adults.

Case Study

The following case study will help to answer common questions and explain how the legal system may interpret certain juvenile drug charges.

Facts: Police observed “Mr. B,” our client, driving 71 miles per hour in a residential zone with a 35 miles per hour limit. Mr. B was turning improperly at an intersection when local police caught up to him. Law enforcement immediately noticed the smell of burning marijuana coming from his car.

Mr. B was asked to extinguish an ember from a joint smoldering on the passenger seat during the stop. At the officer's request, Mr. B got out of the car and waited while it was being searched. Officers discovered two glass jars with tight lids containing many buds and a joint that Mr. B had thrown out the window.

The Charges: Mr. B was charged with three Class 6 felonies, one for the possession of marijuana and two for drug paraphernalia. The total potential maximum sentence for the charges was 4.5 years.

What Exactly Is Juvenile Drug Possession?

When a person under 18 knowingly and for no legitimate cause controls a controlled narcotic or drug, it is considered juvenile drug possession. This kind of illegal substance possession is unlawful in every state and can result in severe punishments.

If a police officer believes there is marijuana or another substance in the vehicle after conducting a traffic stop, drug possession charges may be brought. A judge may prosecute the minor with possession if the police officer discovers drugs or drug-related equipment in the car.

Methamphetamines, marijuana, and other comparable drugs are those most frequently charged with possession in Arizona. However, if a juvenile is found in possession of prescription medications without a prescription, an Arizona court may also charge them with possession. For example, if a minor has a bottle of Oxycontin that their doctor prescribed, they legally possess it. However, their friend can illegally possess the drugs if they take a few tablets from the bottle.

Who May Be Prosecuted In Juvenile Court In Arizona?

Although most states define a juvenile as anybody under 18, things get a little trickier when discussing juvenile crimes in Arizona. A juvenile court may be assigned to:

• Anyone between the ages of 7 and 15 can be tried in juvenile court. However, in some circumstances, the parents may be tried instead.
• Any minor between the ages of 15 and 18 may initially be tried in juvenile court. However, it is more typical for those in this age range to be transferred and tried in adult court, especially for serious offenses.

In Mr. B’s case, he was old enough to have his driver’s license, meaning he was between the ages of 15 and 18.

What Exactly Is Juvenile Knowledge In Drug Possession Cases?

For a minor to be charged with possession in Arizona, they must knowingly possess illegal drugs. A conviction can typically be avoided if your counsel can show that your child did not knowingly possess the drugs.

Having said that, it is not enough to merely claim that you were unaware of the drugs. A juvenile court may occasionally be persuaded that there was no knowledge of the drugs by the facts alone. This type of defense is less likely to work for older kids and those who are found to have drugs on them because common sense dictates that they would be aware of the drugs' presence.

What Is Juvenile “Control” Of Drugs?

To convict a minor of drug possession, the prosecution must show that the minor was in actual physical control of the substances. This typically entails showing that the child had actual physical control of the drugs. Any space where the child is in charge of what is inside can provide evidence of control. If the drugs were in their pocket, backpack, vehicle, room, or locker at school, it is likely sufficient evidence.

What Are The Consequences Of Juvenile Drug Possession In Arizona?

There can be severe repercussions whenever a court accuses a child of drug possession. If your child is charged with adult felony drug possession, the punishments might range from prison time to hefty fines, depending on the drug in question.

In Arizona, however, more options are available for juvenile courts than adult courts. For juvenile crimes, Arizona courts do not impose mandatory sentencing. Many people may wonder what to anticipate in juvenile court due to this. In juvenile court, the following are a few possible outcomes for drug possession:

Probation

An Arizona court has the authority to sentence a minor to probation for drug possession, meaning your child must adhere to a set of rules. For instance, frequent attendance at school will undoubtedly be one of the probation requirements. Your child might need to keep a job or find one if they are old enough. They might be required to complete community service or drug counseling.

According to a court order, the juvenile probation officer must get regular reports from your child. Although lengthier terms are sometimes conceivable, probation generally lasts at least six months.

Drug Counseling

Juvenile courts place a strong emphasis on youth rehabilitation. As a result, a juvenile court has the authority to require the young criminal to go to drug counseling. Arizona courts may also require the juvenile's parents to attend drug counseling.

Diversion

Diversion is a frequent punishment for young drug offenders. Similar to probation, the child will have to follow specific court regulations. The juvenile can complete diversion orders without appearing in juvenile court, however. The courts will drop the charges against the child if they complete the diversion program. Only first-time offenders often have access to this option.

Detention

Detention is an extremely unusual punishment for juvenile drug offenses. However, detention is possible for young people who commit crimes repeatedly or when drug possession is a byproduct of robbery or another serious crime. Home confinement, placement with a relative, or foster care are all options for detention.

What Legal Defenses Exist Against Drug Charges Against Juveniles?

Some of the most common legal defenses for drug crimes against juveniles include:

• Illegal Search
• Legitimate Prescription
• Lack Of Knowledge
• Religious Reasons

In Mr. Bs case, our legal strategy was first to file a petition to transfer his matter to juvenile court. Once successful, we stayed in regular communication with Mr. B's family. Together, we reviewed the case's facts and supporting evidence and kept them informed of any new information.

As the case progressed, we demonstrated several mitigating circumstances and began negotiations with the prosecution. Consequently, we were able to secure an agreeable plea. We kept Mr. B out of jail and on the road to success through our tenacious advocacy and counsel.

In the end, Mr. B entered a delinquent plea to an amended marijuana possession charge (class 1 misdemeanor). He was placed on probation while his parents had physical custody of him and served as his guardian. Mr. B and his parents expressed their gratitude and great satisfaction for the quick and excellent result.

WE HELP GET YOUR DRUG CHARGES AND PENALTIES REDUCED OR DROPPED.

The drug crime lawyers at Scottsdale Drug Lawyer have over 35 combined years of experience defending clients in the Scottsdale, Arizona area. We’ve helped clients receive reduced penalties, dismissed charges and flexible legal results that make it easier to move on after your case. View our recent case results to get a better idea of how our criminal defense drug crime attorneys provide first-class service to their clients.