What will happen to my minor son if he gets pulled over for speeding and drugs?

Question

What will happen to my son who got pulled over for speeding and marijuana? He is a 17 year old with drug paraphernalia.

Craig Orent · Answer

You need to contact an attorney directly to discuss your son's particular circumstances. Asking simple direct questions on this forum is fine, but to discuss the specifics of someone's pending criminal case is not. Be sure to talk with someone.

Michael J. Breczinski · Answer

A person who is 17 years old or older is charged as an adult for any criminal offense. He needs an attorney.

Jacob P. Sartz · Answer

Anyone charged with a criminal offense is presumed innocent until proven  guilty. Any charges must be proven beyond a reasonable doubt. If you  need specific legal advice regarding a pending criminal charge, I'd  recommend you privately consult with an attorney. If you cannot afford  an attorney, the court may appoint you one payable at the public's  expense as long as you meet the eligibility requirements.   Speaking generally, if stopped by the police, a hypothetical 17 yr. old in that situation could potentially be arrested and charged with criminal offenses or civil infractions depending on his circumstances. Anyone charged with a moving violation should strongly consider retaining a  lawyer to assist them. They need to know their rights. Most attorneys  provide free initial consultations.

Samuel H. Harrison · Answer

Georgia treats 17 year olds as adults. With luck he just got a ticket and will have a misdemeanor or two on his record, but that is going to follow him for a very long time. He needs a lawyer.

Ryan L. Russman · Answer

He will be charged with  Speeding and Transportation of a Controlled Drug and possibly Possession of a Controlled Drug.  The Speeding charge is a civil infraction and will not result in a criminal record.  The drug charges will be brought a criminal offenses and may result in criminal conviction and record.  The Transportation of  a Controlled Drug is considered a major motor vehicle violation and will result in 6 point on his license.  As he is under 20 he will also be subject to additional license penalties through the DMV.  I would strongly suggest you consult with an attorney.

Thomas Tomko · Answer

If charged with a misdemeanor, it is no different that an adult case.  Same with the speeding ticket.  (While the juvenile Court could get involved, it is not likely)

Eric Sterkenburg · Answer

A juvenile court matter comes to the court's attention when the police apprehend a minor for violating a statute. The court intake officer then evaluates the case to determine whether further action is necessary. If the situation is serious enough, the juvenile may be detained in a juvenile correction facility pending resolution. If the intake officer decides that the case should be heard in juvenile court, a petition is filed with the court setting forth the statutes that the child is alleged to have violated. If the matter proceeds to juvenile court and the child admits to the allegations in the petition, a treatment program is ordered. If the child denies the allegations in the petition, a hearing like an adult criminal trial is held. The child has the right to be represented by counsel at this hearing. Rather than trying the case to a jury, however, a judge hears the matter and decides whether the juvenile has committed the acts alleged in the petition. If the allegations have not been proven to the court's satisfaction, the judge will dismiss the case. If the judge decides that the allegations have been proven, he or she may rule that the child is a status offender or a delinquent. A second juvenile court hearing is then held to determine the disposition of the matter. If the juvenile is not considered to be dangerous to others, he or she may be put on probation. While on probation, the juvenile must follow the rules established by the court and report regularly to his or her probation officer.

Theodore W. Robinson · Answer

If it hasn't happened yet, tell him to stop or he'll find himself very sorry  later. If it has already happened, he needs to be represented  bycounsel.Hehas been charged with at least one Misdemeanor and perhaps two, along with an additional charge of speedingwhile being underaged. If he is caught before he is 21, they will likely also charge him withDWI by drugs and  that will also adversely affect his license for up to the age of 21 at least.  If he's been charged, make sure he has an attorney represent him.

Jules N. Fiani · Answer

He will get arrested and go to jail.

Brian Wanerman · Answer

He could conceivably be charged with drug/drug paraphenaliapossession and/or DUI if he was under the influence of the drug while driving. There are many variables, however such as the validity of the stop and/or search and/or seizure of any evidence. It sounds from your question as if your son has already been cited and/or arrested, and/or charged. If so, you should immediately consult an attorney in your area for more detailed advice.

Steven Pisani · Answer

The speeding ticket would be the least of his problems. This would result in points that could eventually be used to suspend his license if he accumulates to 7 points. The marijuana charge could potentially have longer lasting effects, because even though marijuana possession in small quantities is only a petty offense, the federal government still views the drug possession harshly. This could lead to collateral consequences such as denial of federal student loan aid.

Steven D. Dunnings · Answer

No hard and fast rule, it depends on the circumstances, how much was on him, any prior criminal history, what was his attitude toward the arresting officer, what is the attitude of the court where the incident will be heard towards these type of charges, what is the attitude of the prosecuting attorney's office towards these type of charges and the likelihood of entering into some type of plea agreement, are there facts to question the validity of the stop and arrest.

Jared Altman · Answer

He will have to have a lawyer an go to court to answer the charges. If it's his first offense and the amount is small then he may get off pretty easy.

Jeff Yeh · Answer

Lucky him. Because he is a minor it won't affect his record. Once he turns 18 his juvy records are sealed and nobody will be able to see what he did before he turned 18.

Eric Chandler · Answer

First of all, he is eligible to have his case transferred to juvenile court because he is only 17-yrs-old.  Second, drug paraphernalia is not a very serious offense.  If he is charged in adult court he will get a fine or diversion; if he is in juvenile court it will likely be diversion or probation.  Assuming there is not more to the story and your son does not have a prior history of contact with law enforcement, he will be fine.  If you are still worried contact a criminal lawyer near where you live.

Jeffrey Pollock · Answer

He will probably be prosecuted in juvenile court (or perhaps at the local Magistrate), so hire a lawyer for him.

Stephen Freeborn · Answer

For the type of charges you are referring to, your son is not a minor and will be charged as an adult.  What will happen?  He could be fined for speeding  - not a jailable offense unless he is charged with reckless, which is a gross misdemeanor punishable by up to a year in jail.  Possession of drugs and drug paraphernalia. you don't say what type of drugs or what type of paraphernalia or the quantity.   It could be charged anywhere from a misdemeanor (max 90 days in jail) up to a felony.  He could also loose his license (if he was under the influence - charged with a DUI); could be required to submit to drug treatment.  There are many things that can happen.  He should retain the services of an attorney.

Dorinda Ohnstad · Answer

It's not clear from the facts whether he was under the influence (or accused of being so) at the time he was pulled over. If not under the influence (or not accused of being so) then several things could happen. Could simply be charged for speeding along with a violation of Health and Safety Code Section 11364 (drug paraphernalia) or could be charged with reckless driving (if the speed or driving rises to that level) which is a violation of Vehicle Code Section 23103. If he is alleged to be under the influence of marijuana at the time could be charged with a DUI under Vehicle Code Section 23152(a) or reckless driving under the influence a violation of Vehicle Code Section 23103.5. If the allegation is that he was under the influence of marijuana and he is under age 21 it will also result in a one year suspension of his license along with the normal penalties for such offenses.

Timothy Klisz · Answer

He will be charged with a misdemeanor, which he must keep off his permanent criminal record.

Ronnie Vargas · Answer

He may be charged as either an adult or a minor depending if he has any prior contacts with the justice system.

Howard Snader · Answer

The marijuana and paraphernalia are normally charged as felonies and prosecuted in the Superior Court.  If he has no priors he may received deferred prosecution to avoid a felony record.  As for the ticket, he is looking at driving school or fines and points. The traffic ticket is likely to be prosecuted separately from the felony by a different agency and different court.

Mark Broughton · Answer

That depends on how much marijuana. If it was less than an ounce it will only be a fine, many times suspended, although there are mandatory court "fees" and "assessments."  If it was more than that consult with a criminal defense attorney.

Mitchell Foster · Answer

In most cases, I will be able to keep it off his record.  First we have to look to see if there are any constitutional violations.  Your son needs an attorney.

Kevin O'Grady · Answer

There are a number of possible charges based on the short question. Excessive speeding is a criminal charge, drug paraphernalia or drugs, depending on what exactly was found, could be a felony.  You need to hire an attorney to fight as soon as possible before court.

Cynthia Henley · Answer

For purposes of criminal law, your son is not a minor. If he is charged with paraphenalia - that is a class C misdemeanor. If he is charged with marijuana, then it is probably a class b misdemeanor for which he could receive from pretrial diversion to a sentence of up to 6 months in jail & up to a $2,000 fine.   He should have a lawyer because of the marijuana charge - whether paraphenalia or actual drugs.

Stephen Richards · Answer

That depends. A typical disposition might be drug school, with eventual  dismissal of the charges.

John DeVito · Answer

In Massachusetts a 17 year old is considered an adult in criminal court. A criminal record will be created if he is charged with a crime.  If he had less than an ounce of marijuana, no crime was committed.  He can be fined civilly $100.00. Speeding is also a civil infraction, the fine is dictated by the mph over the speed limit. Drug Paraphernalia is a misdemeanor offense punishable with jail up to 2 years and/or a fine of $500 to $5000. If you son was not arrested an attorney may be able to stop criminal process.  If he was arrested, he needs an attorney to challenge the case and avoid a conviction.  Be advised,a drug case conviction may prevent your son from obtaining federal financial aid in college. Hire an attorney!

John Patrick Yetter · Answer

If the search of the vehicle that lead to the charge is legal, and the possession of the item is provable, the charge is a class A misdemeanor.  If your son has no history it is likely a good lawyer could keep this of his record.  He should consult an attorney to make sure the search was good and the possession is provable.

Dennis Roberts · Answer

His case will be handled in Juvenile Court and a Public Defender appointed. You do not have to pay for the services of this P.D.

Edward Blum · Answer

He will be charged with a misdemeanor and an infraction. He will hire an attorney to negotiate them away.  If he doesn't, the DMV will suspend his license for a year.

Michael Maltby · Answer

Worst case scenario, assuming no priors, he will probably get a resolution short of a conviction.

Aaron Black · Answer

He will most likely be charged with a felony for possession and cited for DUI for driving with drugs in his system. You need to hire a lawyer for him.

Brad Howell · Answer

As an individual under the age of 21, your son would be able to request youthful offender status. This assumes, of course, that he hasn't been in  legal trouble before and hasn't already requested youthful offender status  for that previous charge; youthful offender status can only be used once.  Requesting to be treated as a youthful offender essentially seals his  record so that the charges will not be detailed when he's seeking  employment.  Depending upon the severity of the charges and your son's current record,  he may be entered into a court deferment program.  This also depends upon the particular court that the charge was brought in, and whether that  jurisdiction offers a court deferment program.  It would be best to speak with a criminal defense attorney regarding the details of your particular case and the available options.

James Edward Smith · Answer

He could go to juvenile hall on the drugs.  In so far as speeding that is just a fine or traffic school.

Mark R. Thiessen · Answer

Hire an attorney.  He is way too young to have that follow him for the rest of his life.  You need to get the paraphernalia dismissed or sealed after deferred adjudication.  Hire an aggressive drug trial lawyer in your area.

Jason Savela · Answer

Possession of paraphernalia is usually a fine and some sort of drug class, speeding is a fine, unless it is really high speed. If son is accused of DUI-MJ, then it is much worse and he likely needs a lawyer.

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What will happen to my minor son if he gets pulled over for speeding and drugs?

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