Legal Defenses for Juvenile Offenders Charged with Drug Crimes

What is a Juvenile Offender?

According to New York state courts, a juvenile offender is any child who is age 13, 14, or 15 and is charged with committing a serious or violent felony offense. Convicted juvenile offenders are subject to lighter sentences than adult offenders but will have a permanent criminal record unless otherwise ordered.

What are Common Examples of Drug Crimes for Juvenile Offenders?

Some of the more common examples of controlled substance offenses that juveniles are charged with in New York include:

• Possession of a controlled substance
• Sale of a controlled substance
• Drug paraphernalia
• MDMA/Ecstasy charges
• Drug Trafficking
• Possession of Methamphetamines/Meth
• Misdemeanor Marijuana Possession
• Felony Marijuana Possession

What is the Legal Process for Juvenile Offenders Charged with Drug Crimes?

Juveniles who are charged with a drug crime follow a distinct path through the legal process. The steps are as follows:

• Arrest and detention: The legal process typically begins with the arrest of the juvenile. Enforcement officers have the right to detain the child temporarily, but these cases usually involve swift movement to the next steps.
• Family court proceedings: Juvenile drug cases tend to be handled in family court rather than criminal court. This is done to emphasize a rehabilitative approach with a focus on the minor’s well-being.
• Disposition hearing: In place of a trial, the family court will conduct a disposition hearing that will determine the best consequences for the offense, which may include counseling, probation, community service, or other rehabilitative services.
• Probation: Some cases result in an order for probation as part of the disposition.

What is the Role of Probation in Juvenile Prosecutions

The Probation Department almost immediately steps in when a juvenile is brought to family court for an alleged violation. At the first hearing, a juvenile offender is typically interviewed by a probation officer, who will decide whether the case should proceed or whether the minor should be released and monitored. A defense attorney will normally accompany the child for this interview.

If the Probation Department decides the case should continue, then it will be forwarded to the court and prosecutor. Then, the judge will determine if the child should be released or held in custody until the matter is resolved.

A successful defense attorney during this time may convince the probation officer to recommend the case be dropped or that the juvenile be released and monitored as opposed to prosecuted. Probation will serve its typical role after prosecution, resulting in the probation officer monitoring and supervising the minor’s release and compliance with the probation conditions.

What are Other Common Defenses for Juvenile Drug Charges?

Many possible defenses can be used to attempt to avoid drug charges. An alleged offender may challenge a drug-related charge on the basis of an affirmative defense, which means the defendant will introduce his or her own evidence to show they were acting legally or that the prosecution has no case. Common defenses used will be listed below and discussed in greater detail.

Unlawful Search and Seizure

The Fourth Amendment in the United States Constitution protects citizens from the government by outlining certain circumstances in which it is legal for authorities to search a person’s body or property. This type of challenge is common when dealing with drug crimes and their defense.

Illicit substances that are found in plain view can be seized and submitted as evidence in a drug case, but substances found through illegal means can be excluded as evidence by the court. Evidence found in an unlawful search can be a huge pillar to the prosecution’s case, so the government will often drop a criminal case if it is found that the police have violated a person’s Fourth Amendment rights.

Crime Lab Analysis

The prosecution is responsible for proving that a seized substance is the illicit drug that matches the charge by sending the drug to a crime lab for analysis. A defense attorney may be able to raise questions regarding errors or discrepancies in the analysis report and may have the analyst testify at trial to prove their methods and the type of drug in the results.

Chain of Custody

After drugs are seized following an arrest, they are typically secured in an evidence room or locker. An attorney will be able to challenge whether the drugs that are presented as evidence are the same ones removed from the defendant.

Another chain-of-custody defense involves the accusation that the police officer who handled the drugs during the investigation did so improperly.

Entrapment

Entrapments occur when an officer or other informant induces a person to commit a crime that otherwise would not have been committed. If an officer harasses or threatens a person into committing a drug crime, entrapment is a suitable defense.

What are the Possible Lifelong Consequences of a Juvenile Criminal Record?

Jailtime and probation are not the only possible consequences for juvenile offenders. Minors who have a record can face issues throughout their lives in the following areas:

• Employment opportunities
• Housing consequences
• College admissions
• Foster parenting/ Child care
• Possession of firearms
• Military service/ Law enforcement
• International travel
• Driver’s license
• Voting rights
• School activities
• Enhancements

Do I Need an Attorney?

If you or your child has been accused of a drug crime, you need immediate legal help you can depend on. When your child’s future is on the line, call Passalacqua & Associates, LLC today at 315-277-3548 or fill out a contact form for a free consultation.