Have You Been Arrested For A Juvenile Drug Crime in Arizona?
Everything You Need to Know About Juvenile Drug Crime in Peoria, Arizona
When Peoria, Arizona, police arrest juveniles for a drug crime, the criminal charges they face can have serious ramifications that follow them into adulthood, making life more difficult. Keeping the case out of the adult criminal justice system is critical because the juvenile justice system is more focused on rehabilitation.
To defend criminal charges for a juvenile involved with a drug crime, you’ll want an experienced drug crime attorney who deals explicitly with juvenile cases. You’ll also want to learn as much as possible about how local juvenile drug crimes are charged and tried in a court of law. Below is everything you need to know about juvenile drug crime in Peoria, Arizona.
Definition Of A Juvenile In Arizona
The law defines juveniles as those who have not yet attained the age at which they can be held liable for their actions. Anyone under the age of 18 is considered a juvenile in Arizona. However, some criminal offenses strip away the protections granted by age. Juveniles can be charged with misdemeanor and felony charges under the Arizona Judicial Branch's rules. These include, but are not limited to, both possession or distribution of drugs.
Possession of narcotics, marijuana, or other drugs can result in criminal charges against a minor. Under Arizona law, minors are not eligible for medical marijuana and can be charged with possessing any amount of cannabis in any form. Whether or not narcotics are present, juveniles can also be prosecuted for possessing paraphernalia.
Dealing does not always imply distribution. If someone you know gets arrested for drug distribution, it's possible that they were offering or providing narcotics to a peer. The charges for distribution vary depending on the circumstances.
Drugs In The Hands Of A Minor
The juvenile court system in Arizona concentrates on those under 18 and emphasizes rehabilitation. Because minors are not entirely mature, the court acknowledges that they can transform and become law-abiding adults with the correct supervision and care. If a juvenile is near the age of 18, charges in the adult criminal justice system may be brought against him, and depending on the seriousness of the crime, these charges may be felony charges with very significant repercussions.
Whether actual or constructive, drug possession can be made against a minor who knowingly has or is in charge of a controlled substance. The prosecutor must show that the juvenile either knowingly possessed or really controlled the drugs in question in order to get a conviction.
Actual possession refers to having physical control over the drugs on a person or in one's possession, such as in a pocketbook or a bedroom. Constructive possession necessitates proof that the offender was aware that an illicit substance was present, that he had the intent to actually possess the drugs, and that he was physically capable of taking control and actually possessing the drugs.
Penalties For Juvenile Drug Crimes In Peoria
Prosecutors in Peoria may achieve a conviction if they can show that a juvenile was in charge of the location where the drugs were discovered. A regular traffic stop is a common scenario that leads to drug possession charges. If a juvenile is found in possession of drug paraphernalia, further inquiry may lead to drug possession charges.
The courts do not impose mandatory sentences for adolescent offenses, but serious penalties can occur. If a minor is charged with an adult felony drug offense, they could face everything from prison time to hefty fines, depending on the drug(s) in question.
In Arizona, juvenile courts have a broader range of alternatives than adult courts. Many people are unsure what to expect in juvenile court, but the following are some of the possible penalties for drug possession:
Drug Counseling
The goal of juvenile courts is to rehabilitate young people, so a juvenile court may order the juvenile offender to attend drug counseling. In Arizona, the juvenile's parents may also be ordered to participate in drug counseling.
Probation
When a judge orders probation, the juvenile will be required to follow specific guidelines. Probationary conditions, for example, are likely to entail regular attendance at school, drug testing, community service, or working at a job if they are old enough. The court may also require your child to report to a juvenile probation officer on a regular basis. Probation lasts at least six months, but it can last up to a year.
Diversion
In rare situations, instead of probation, a juvenile may be permitted to engage in a diversion program. Diversion is a voluntary process that allows a youngster charged with misdemeanors or other offenses to avoid official court proceedings. The Maricopa County Attorney's Office and the Maricopa County Juvenile Probation Department, for example, offer a drug diversion program to minimize the prevalence of drug use among adolescents and to teach minors skills that will help them stop using illegal drugs.
According to the Arizona Judicial Branch, diversion programs are intended to:
- Reduce unlawful drug usage among minors.
- Allow accused minors to obtain useful life skills.
- Educate parents and family members on the dangers of drug misuse.
- Teach the value of civic responsibility.
- Preserve the juvenile's name by avoiding conviction.
- Develop a sober support group for aftercare.
A juvenile in Peoria can satisfy diversion orders without having to appear in juvenile court. If the juvenile completes the diversion program successfully, the charges will be effectively dismissed by the courts. This is usually only an option for first-time offenders.
Detention
Detention is the temporary imprisonment of a juvenile in a physically restricted facility. In extreme circumstances, such as when a juvenile has committed multiple offenses or other crimes, they may be transported to a detention facility. There, surrounded by locked and physically secure walls, they will have limited to no in-and-out privileges. Here, they must await a court decision or serve time as a requirement of probation.
Detention is only used as a punishment for juvenile drug offenses in very few situations. Detention can also take the form of home confinement, placement with a relative, or placement in a foster home. This is frequently the case for repeat offenders or when drug possession results from robbery or violent crime.
Juvenile Drug Crimes Legal Defenses
In a juvenile drug crime case, a common defense is to argue that the minor was unaware of the drug’s presence. It may also be necessary to demonstrate that they had no bodily control over the drugs. If the drugs are discovered in a minor's car, bedroom, or school locker, this can be sufficient evidence of possession. Other legal defenses might include illegal search, having a valid prescription for the drugs in question, or using certain drugs for religious purposes.
If you or your child are faced with juvenile drug crimes in Peoria, you may be able to avoid adult court with the help of an experienced lawyer. They can also help prevent a child's youthful misstep from following them into adulthood by providing the best available representation. Ask questions and do your research for the best possible outcome for all concerned.